Thursday, October 4, 2012

Court orders more hearings in Anne Pressly damage suit

Posted By on Thu, Oct 4, 2012 at 9:40 AM

ANNE PRESSLY: Further hearings ordered in case arising from her death.
  • ANNE PRESSLY: Further hearings ordered in case arising from her death.
The Arkansas Supreme Court today ordered further hearings in a damage suit by the mother of Anne Pressly, the KATV anchor fatally beaten in a home intrusion. Circuit Judge Leon Johnson had dismissed the case, holding that invasion of privacy and outrage claims didn't survive Pressly's death and that St. Vincent Infirmary, where improper sharing of Pressly's medical records occurred, couldn't be held vicariously liable.

The Supreme Court agreed that the invasion of privacy claim didn't survive. But it ordered more hearings on the claim of emotional distress by her mother, Patricia Cannady, and the claim that St. Vincent could be held liable for actions of its employees. The court said defendants argued that the claims were based on the same facts as the invasion of privacy claim and should thus be dismissed. But the court said the defendants had cited no law to support the premise that the different claims couldn't be based on the same conduct.

Here's the opinion. Justice Paul Danielson concurred, but issued a separate opinion on the basis for part of the ruling.

Here's background on the arguments.

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