Class Certification Affirmed in Nursing Home Class Action
The Arkansas Supreme Court affirmed class certification in Beverly Enterprises-Arkansas, Inc. v. Thomas, No. 06-877 (6/21/07).
Thomas filed a class action on behalf of 489 residents of the Batesville Nursing and Rehabilitation Center (an affiliate of Beverly Living Centers). The lawsuit stated claims for breach of contract, violations of the Arkansas Residents' Rights Act, medical malpractice and negligence. The trial court granted certification as to the statutory claims and breach of contract claims only.
The supreme court affirmed and made two key points to distinguish similar cases in other jurisdictions. First, Arkansas Rule 23 does not require the "rigorous analysis" of Federal Rule 23. Second, the class certification in this case does not extend to the personal injury claims, which will be addressed at the damages phase of the litigation.
