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DOOLEY v. CAP-CARE OF ARKANSAS, INC.

No. 2:03 CV 00081 JLH.

338 F.Supp.2d 962 (2004)

Margarette Pannell DOOLEY, as Administratrix of the Estate of John Floyd Pannell, Deceased, Plaintiff v. CAP-CARE OF ARKANSAS, INC., d/b/a Crestpark Retirement Inns — Crestpark Retirement Inn of Forrest City, and Evergreene Properties of North Carolina, L.L.C., d/b/a Crestpark Retirement Inns — Crestpark Retirement Inn of Forrest City, Defendants.

United States District Court, E.D. Arkansas, Helena Division.

September 2, 2004.

Attorney(s) appearing for the Case

T. Robert Hill, Hill Boren, P.C., Jackson, TN, James J. Thompson, Jr., Nolan E. Awbrey, Hare, Wynn, Newell & Newton Birmingham, AL, Clark W. Mason, Hare, Wynn, Newell & Newton, L.L.P., Little Rock, AR, for Plaintiff.

Fletcher Long, Jr., Butler, Hicky, Long & Harris, for Defendant.

OPINION AND ORDER

HOLMES, District Judge.

Margarette Pannell Dooley alleges that her father, John Floyd Pannell, suffered injury and death as a result of negligent care and treatment that he received while he was a resident of Crestpark Retirement Inn of Forrest City ("Crestpark"). Crestpark is a nursing home owned by Cap-Care of Arkansas, Inc. ("Cap-Care") and operated by Evergreene Properties of North Carolina, L.L.C. ("Evergreene"). Crestpark is...

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