Amended March 11, 2016.
FROM THE PULASKI COUNTY CIRCUIT COURT, SEVENTEENTH DIVISION.
NO. 60CV-13-4061. HONORABLE MACKIE M. PIERCE, JUDGE.
Law Firm, PLLC, by: Matthew D. Campbell, for appellant.
O'Neil, for appellee.
MICHAEL KINARD, Judge. WHITEAKER and HIXSON, JJ., agree.
MICHAEL KINARD, Judge
Gain, Inc. (Gain), appeals from the trial court's order
denying its motion for summary judgment based on the doctrine
of charitable immunity. After a de novo review, we conclude
that the trial court erred, and we reverse and remand for
Meranda Martin, the administratrix of the estate of Virgil
Brown, Jr., deceased, filed a wrongful-death and survival
action against Gain and others in October 2013. Gain purports
to be a charitable organization providing services to adults
with debilitating major mental illness. Martin asserted that
Gain was negligent in providing services to Brown and to
Kenneth Ray McFadden, Jr., which resulted in McFadden killing
Brown. Gain filed a motion to dismiss and a motion for
summary judgment, asserting the affirmative defense of
charitable immunity. Gain later filed an amended motion for
summary judgment, along with its articles of incorporation,
bylaws, an affidavit from its executive director, and
documents to confirm its nonprofit and tax-exempt status.
filed a response along with several documents, including
Gain's application for tax-exempt status and tax forms
for the years 2007 through 2011. After a hearing, the trial
court entered an order denying Gain's motion for summary
judgment. The trial court found that Gain had established a
prima facie case that it was entitled to summary judgment,
but Martin had met her burden of rebutting Gain's
entitlement to the defense of charitable immunity solely
through her argument that Gain did not receive enough money
in contributions or donations to qualify for charitable
immunity. Gain now appeals.
general rule, the denial of a motion for summary judgment is
neither reviewable nor appealable. Arkansas Elder
Outreach of Little Rock, Inc. v. Thompson, 2012 Ark.App.
681, 42 ...