Page:McQuay v. Guntharp.pdf/15

479-A




 * 1) A –  – . – Appellees' assertion that the supreme court erred as a matter of law in failing to apply the two-year statute of limitations applicable to medical injuries was not reached; although appellees had raised the issue below, the trial court did not rule on it; the supreme court was precluded from reviewing the issue on appeal.
 * 2) A –  – . – The supreme court denied rehearing of the case and issued a supplemental opinion for the purpose of clarifying that on remand to the trial court, appellees were not precluded from defending against appellants' claims by arguing that they are barred by the two-year statute of limitations applicable to medical injuries, as provided in Ark. Code Ann. § 16-114-203 (Supp. 1997).



Appeal from Randolph Circuit Court; Harold S. Erwin, Judge; supplemental opinion on denial of petition for rehearing.

Boswell, Tucker, Brewster & Hicks, by: George R. Wise, for appellants.

Womack, Landis, Phelps, McNeill & McDaniel, by: Lucinda McDaniel, for appellees.

 D L. C, Justice. [1] Our decision in this case reversing the order of the trial court and remanding the case for further proceedings was delivered on February 19, 1998. Appellees filed a petition for rehearing on March 6, 1998. In the petition, Appellees asserted that we erred as a matter of law in failing to apply the two-year statute of limitations applicable to