Mike Atkinson, Special Administrator of the Estate of Virginia L. Atkinson v. Parkway Health Center, Inc.

── Mike Atkinson, Special Administrator of the Estate of Virginia L. Atkinson v. Parkway Health Center, Inc. ── Court: Court of Appeals of Arkansas Date: April 01, 2026 Category: General Cite as 2026 Ark. App. 208 ARKANSAS COURT OF APPEALS DIVISION II No. CV-24-729 MIKE ATKINSON, SPECIAL ADMINISTRATOR OF THE ESTATE OF Opinion Delivered April 1, 2026 VIRGINIA L. ATKINSON, DECEASED, AND ON BEHALF OF THE WRONGFUL DEATH BENEFICIARIES OF VIRGINIA L. APPEAL FROM THE PULASKI ATKINSON, DECEASED COUNTY CIRCUIT COURT, APPELLANT SEVENTEENTH DIVISION [NO. 60CV-18-3627] V. HONORABLE MACKIE M. PIERCE, PARKWAY HEALTH CENTER, INC., JUDGE D/B/A PARKWAY HEALTH CENTER; BAPTIST HEALTH D/B/A BAPTIST HEALTH HOSPICE; BAPTIST HEALTH; PARKWAY VILLAGE, INC.; BAPTIST HEALTH SENIOR CLINIC – PARKWAY VILLAGE; DIAMOND RISK INSURANCE, LLC; JOHN DOE INSURANCE COMPANIES 2 THROUGH 10, UNKNOWN DEFENDANTS; AND JOHN DOES 1 THROUGH 10, UKNOWN DEFENDANTS APPELLEES AFFIRMED CINDY GRACE THYER, Judge Appellant Mike Atkinson1 appeals a Pulaski County Circuit Court order directing a verdict in favor of separate appellees Parkway Health Center, Inc., d/b/a Parkway Health 1 Atkinson sued the appellees in his capacity as special administrator of the estate of Virginia L. Atkinson, deceased, and on behalf of Virginia’s wrongful death beneficiaries. Center; Baptist Health d/b/a Baptist Health Hospice; and their insurer, Diamond Risk Insurance, LLC (collectively, “Appellees”). The circuit court directed the verdict because it found that Atkinson failed to present expert testimony to either establish proximate causation or to satisfy the locality rule as set forth in Arkansas Code Annotated section 16- 114-206 (Repl. 2016). On appeal, Michael challenges those findings and also contends the circuit court erroneously found that the statute of limitations barred consideration of any injuries sustained before June 1, 2016—two years before the filing of the original complaint in this matter. Concluding that Michael failed to present the required expert testimony to support his claims, we affirm. This case originates from the death of Virginia Atkinson on August 9, 2016. In June 2018, Virginia’s son Michael filed a wrongful-death suit against multiple entities2 alleging that his mother had died as a result of their negligence. Because we conclude that the circuit court’s decision to direct a verdict in Appellees’ favor was properly based on Michael’s failure 2 The original complaint filed June 1, 2018, named the following defendants: Parkway Health Center, Inc., d/b/a Parkway Health Center; Baptist Health d/b/a/ Baptist Health Hospice; Baptist Health; Parkway Village, Inc.; Baptist Health Senior Clinic – Parkway Village; John Doe Insurance Companies 1 through 10, Unknown Defendants; and John Does 1 through 10, Unknown Defendants. In October 2018, Michael substituted Diamond Risk Insurance, LLC, for John Doe Insurance Company 1. The court granted partial summary judgment in January 2024 dismissing separate defendants Baptist Health; Parkway Village, Inc.; and Baptist Health Senior Clinic – Parkway Village from the action. The remaining unnamed John Doe defendants were never served and thus were dismissed by the entry of the circuit court’s final judgment. Ark. R. Civ. P. 54(5). 2 to present the requisite expert testimony, only a brief recitation of the facts is necessary for an understanding of the issues on appeal.3 Sometime before August 2012, Virginia Atkinson, a widow, remarried and moved into Parkway Village, an independent living community, to live with her husband. In August of that year, Virginia and her husband transitioned into Parkw