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Dowty v. Riggs

Arkansas Supreme Court

385 S.W.3d 117 (2010)

Facts

Karen Dowty (Karen), Alvis Eugene Dowty, Sr. (Alvis) (plaintiffs), and Riggs Dowty (Riggs), a minor, visited Karen’s mother, Evelyn Riggs (Evelyn) (defendant) at her home. Evelyn’s adult son Perry Riggs (Perry) suffered from serious mental defects. Upon the Dowtys’ arrival, Perry approached the car wielding a gun, and when Alvis got out of the car, Perry shot him in the arm. Neither Karen nor Riggs was physically injured. Karen, and Karen and Alvis, on behalf of Riggs, sued Evelyn for negligence and the negligent infliction of emotional distress. The court granted summary judgment in favor of Evelyn. The Dowtys appealed.

Rule of Law

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Issue

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Holding and Reasoning (Hannah, C.J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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