Page:McQuay v. Guntharp.pdf/1

 466

96-1523




 * 1) C – . – Ordinarily, when matters outside the pleadings are presented and not excluded by the trial court in connection with a motion to dismiss under Ark. R. Civ. P. 12(b)(6), the appellate court treats the motion as one for summary judgment under Ark. R. Civ. P. 56.
 * 2) J –  – . – The matters to be considered in summary-judgment proceedings are limited to affidavits, depositions, admissions, and answers to interrogatories.
 * 3) P – . – In determining whether the trial court erred in characterizing appellants' claim as a battery as opposed to outrage and thus ruling that the action was barred by the one-year statute of limitations pertaining to battery, the supreme court was obliged to look to the complaint itself.
 * 4) L – . – Where two or more statutes of limitations apply to a cause of action, the supreme court generally applies the statute with the longest limitations.
 * 5) P – A – Although appellants' complaint stated that their action was one for outrage, the supreme court was required to look to the facts alleged because Arkansas does not recognize "notice pleadings," but only "facts pleadings"; the court looks to the gist of the action in making such a determination.
 * 6) T –  – . – To establish an outrage claim, a plaintiff must demonstrate the following elements: (1) the actor intended to inflict emotional distress or knew or