Page:Aka v. Jefferson Hospital Association, Inc.pdf/4

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nonmoving party presents the court with any countervailing evidence.

1. CONSTITUTIONAL LAW – SOVEREIGN IMMUNITY – DOCTRINE DISCUSSED. – Article 5, section 20, of the Arkansas Constitution provides that "[t]he State of Arkansas shall never be made defendant in any of her courts"; Ark. Const. art. 5, § 20, grants sovereign immunity and a general prohibition against awards of money damages in lawsuits against the State of Arkansas and its institutions; the doctrine of sovereign immunity is rigid and, as such, the immunity may be waived only in limited circumstances; where the suit is one against the State and there has been no waiver of immunity, the trial court acquires no jurisdiction.
2. JUDGMENT – SUMMARY JUDGMENT – STANDARD OF REVIEW. – In considering the trial court's decision on a motion for summary judgment, the standard is not whether the evidence was sufficient to compel a conclusion on the part of the fact-finder but whether there was evidence sufficient to raise a fact issue.
3. JUDGMENT – SUMMARY JUDGMENT – ORDER GRANTING REVERSED WHERE EVIDENCE SUFFICIENT TO RAISE FACTUAL ISSUE REGARDING PHYSICIAN'S DUAL STATUS. – Where appellant presented evidence sufficient to raise a factual issue regarding a physician's role as a state employee or private practitioner, the supreme court, viewing the evidence in the light most favorable to appellant and resolving any doubts against the physician and her professional association, could not say that summary judgment was warranted and, accordingly, reversed the trial court's order granting summary judgment.
4. EVIDENCE – ADMISSION – ABUSE OF DISCRETION & SHOWING OF PREJUDICE REQUIRED FOR REVERSAL OF RULING. – On appeal, the supreme court will not reverse a trial court's ruling on the admission of evidence absent an abuse of that discretion and a showing of prejudice.
5. EVIDENCE – EXCLUSION OF RELEVANT EVIDENCE – REQUIREMENTS. – Arkansas Rule of Evidence 403 provides for the exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time; although evidence is relevant, it may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
6. EVIDENCE – PHOTOGRAPHS – TRIAL COURT'S DISCRETION. – Absent an abuse of discretion, the supreme court will not reverse a trial court for admitting photographs; although the relevancy and admission of photographs is a matter within the sound discretion of the trial court, and while the supreme court is highly deferential to