Supreme Court of Arkansas
Robinson Nursing and Rehabilitation Center, LLC, D/b/a Robinson Nursing and Rehabilitation Center; Central Arkansas…
May 4, 20172017 Ark. LEXIS 147
Summary
The court affirmed class certification for the breach-of-contract, Arkansas Deceptive Trade Practices Act, and unjust-enrichment claims because Robinson's alleged chronic understaffing presented common issues that predominated over individualized issues, and the class was typical, superior, and sufficiently definite. It reversed and remanded as to negligence because proximate causation and injury required individualized inquiries that predominated over common questions. Chief Justice Kemp and Justices Goodson and Wynne would also have affirmed certification of the negligence claim, while Justice Hart would have decertified all claims because the alleged staffing standard required individualized assessments of each resident's care needs.