DIVISION II
CA06-569
March 14, 2007
DOROTHY COLLINS (THOMPSON)
AN APPEAL FROM THE PULASKI
APPELLANT
COUNTY CIRCUIT COURT
v.
[CV2005-8835]
ST. VINCENT DOCTORS;
HONORABLE BARRY ALAN SIMS,
ST. VINCENT INFIRMARY; ET AL.
JUDGE
APPELLEES
SUBSTITUTED OPINION
AFFIRMED
BRIAN S. MILLER, JUDGE
Appellant Dorothy Collins appeals from the Pulaski County Circuit Court’s order dismissing
her medical malpractice claim against appellees St. Vincent Infirmary Medical Center, St. Vincent
Infirmary Medical Center D/B/A St. Vincent Doctors Hospital, and unknown nurses (collectively
“St. Vincent”). We find no error and affirm.
On January 27, 2004, Collins filed a pro se medical-malpractice complaint against St.
Vincent, alleging that she received treatment below the standard of care during a hospital stay from
February 17, 2002 through March 2, 2002. St. Vincent answered on May 12, 2004. Collins then
informed St. Vincent’s attorney, Tim Boone, that she did not have counsel and could not represent
herself because she had disabilities. In response, Boone suggested that Collins voluntarily non-suit
the case and informed her that she would have one year in which to re-file her complaint. Boone
prepared a motion to non-suit and instructed Collins to take the motion to the judge’s office. The
motion was filed on June 9, 2004, and on June 18, 2004, unbeknownst to both Collins and Boone,
the court entered an order non-suiting the case.
Collins asserts that she called both the judge’s chambers and Boone to see whether the
motion had been granted, but received no answers. On June 21, 2004, Boone, as counsel for St.
Vincent, sent a letter to the judge stating that he had received nothing indicating that the court was
aware of the motion to non-suit.