Arkansas Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Arkansas or Court of Appeals of Arkansas where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Guarino v. Kroger - 12/18/2002
NOT DESIGNATED FOR PUBLICATION
Appellant, Anthony Guarino, appeals from a decision of the Workers' Compensation Commission (Commission) finding that he had failed to prove by a preponderance of the evidence that further physical...
Eady v. Lansford - 12/12/2002
AFFIRMED.
In this case, Lewis Eady challenges the constitutionality of the Arkansas Medical Malpractice Act, codified at Ark. Code Ann. §§ 16-114-201, et seq. (1987 and Supp. 2001), with respect to cases involving informed...
East-Harding - 12/11/2002
This appeal is from a trial court's ruling on cross-motions for summary judgment. The trial court granted summary judgment to appellee, Horace A. Piazza & Associates (Piazza), an architectural firm, requiring East-Harding, Inc....
CHAPMAN v. WAL-MART STORES - 11/21/2002
Appellant Denise Kaye Chapman brings this appeal from Baxter County, Arkansas, Circuit Court alleging that the trial court erred in sustaining a motion by Wal-Mart Stores, Inc., for summary judgment, that the trial court erred in...
Burns v. West Tree Service - 11/20/2002
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
This case arises on appeal from the Arkansas Workers' Compensation Commission. Appellant, Henry J. Burns, argues (1) that the Commission erred in applying res judicata to his...
JEAN-PIERRE v. PLANTATION HOMES - 11/14/2002
Southwoods Residential Care Facility is a long-term residential care facility for the treatment and housing of mentally handicapped patients. The estate of Mary Mills (hereinafter Mills) sued Southwoods after a patient, Haywood Wilder,...
Southern Farm Bureau Casualty Insurance Co. v. Craven - 11/13/2002
Appellant, Southern Farm Bureau (SFB), appeals a summary judgment entered by the White County Circuit Court in favor of appellees, Gary and Veronica Craven. The trial judge ruled that Colorado law rather than Arkansas law governed...
SOUTHERN FARM BUREAU v. CRAVEN - 11/13/2002
Appellant, Southern Farm Bureau (SFB), appeals a summary judgment entered by the White County Circuit Court in favor of appellees, Gary and Veronica Craven. The trial judge ruled that Colorado law rather than Arkansas law governed...
Moore v. Conagra Poultry Co. - 11/13/2002
NOT DESIGNATED FOR PUBLICATION
Appellant, Ronnie E. Moore, appeals the decision of the Workers' Compensation Commission denying him benefits for a lower-back injury because he failed to satisfy his burden of proving that there...
Healthcor and Risk Management Resources v. Cordry - 11/13/2002
NOT DESIGNATED FOR PUBLICATON
This is an appeal from a Workers' Compensation Commission's order, which found that appellee Kathleen Cordry had proven by a preponderance of the evidence that her additional medical treatment,...
LEE v. DANIEL - 11/7/2002
This appeal was certified to this court by the court of appeals on the grounds that it presents a challenge to the constitutionality of Arkansas' attorney's lien statute. Jurisdiction arises under Ark.Sup.Ct.R. 1-2(a)(2).
On June...
Robinson v. State - 11/6/2002
NOT DESIGNATED FOR PUBLICATION
Charles Robinson Jr. and two co-defendants were charged in Pulaski County Circuit Court with capital murder and aggravated robbery, resulting from the robbery and shooting of pizza deliveryman...
BREAKFIELD v. IN & OUT - 11/6/2002
Appellant, Linda Breakfield, brings this appeal from a decision of the Workers' Compensation Commission finding that her healing period ended when she abandoned her course of treatment. The Commission found that appellant abandoned her...
MCKIBBEN v. MULLIS - 11/6/2002
Appellant, Darwin McKibben, appeals from an order of dismissal without prejudice granted by the Washington County Circuit Court to appellee, Dr. R. Jay Mullis. Because appellant's original complaint was a nullity, we must affirm. ...
TATUS v. HAYES - 11/6/2002
The trial court decided this medical-malpractice case on a motion to dismiss because the statute of limitations barred the present action. Appellant Kathryn Tatus appeals, contending that the trial court improperly granted the motion...
Finn v. Phillips - 9/25/2002
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
This is a medical malpractice case brought by appellant on behalf of herself and her deceased newborn, Madison. The child, one of a set of premature twins, died of unknown causes...
Harelson v. Diamond International Risk Management - 9/25/2002
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
This is an appeal from the Workers' Compensation Commission. Appellant, James R. Harelson, appeals the Commission's denial of his entitlement to additional medical benefits and his...
MCCORKLE FARMS - 9/18/2002
This is a crop-damage case. Appellant, McCorkle Farms, Inc., filed suit
against Delta Farms Elevator, Inc., Delta's president and sole shareholder, appellee Gene Thompson, and Randy Atkison d/b/a Buffalo Island Flying Service ...
Halley Oil Co. v. Paccio - 9/18/2002
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
This is an appeal from the Arkansas Workers' Compensation Commission. Appellee Edith Paccio suffered a compensable work injury and received treatment. However, she continued to...
THE TRAVELERS INSURANCE COMPANY v. O'HARA - 9/12/2002
This case requires us to determine whether or not a workers' compensation insurance carrier may pursue its subrogation rights against a third-party tortfeasor when the tortfeasor and the injured party have reached a settlement. The...
REGIONS BANK v. HAGAMAN - 9/11/2002
In August 1998, Willard Harris was delivered by Dr. Michael Hagaman. The delivery was complicated by a shoulder dystocia, described as a medical emergency in which the baby's head is delivered but one or both of the child's shoulders...
PHILLIP MORRIS USA v. JAMES - 9/4/2002
Phillip Morris USA and its insurance carrier, Lumbermens Mutual Casualty Company ("Phillip Morris") appeal from a decision of the Workers' Compensation Commission. The Commission found that Phillip Morris was not entitled to a credit...
John P. Marinoni Construction Co. v. Atchison - 8/28/2002
NOT DESIGNATED FOR PUBLICATION
Appellee Jim Atchison sustained a compensable injury to his left knee while working for appellant John P. Marinoni Construction Company on August 22, 1996. The appellant paid medical expenses...
Beaver v. John Q. Hammons Hotels - 8/28/2002
NOT DESIGNATED FOR PUBLICATION
EN BANC
This is a slip-and-fall case. On April 28, 1997, appellant Judy Beaver was attending a work-related seminar at the Fort Smith Holiday Inn Convention Center when she and some of her...
MILLER v. PRO-TRANSPORTATION - 6/19/2002
Carl Miller was employed by Pro-Transportation as a truck driver. Appellant is Mr. Miller's wife. Appellant wanted to ride as a passenger with her husband as he drove for Pro-Transportation. To obtain Pro-Transportation's permission to...
IGF INSURANCE COMPANY v. HAT CREEK PARTNERSHIP - 6/6/2002
This appeal involves the application and interpretation of Arkansas's statutes pertaining to
the enforceability of an arbitration clause in an insurance contract, see Ark. Code Ann. § 16-108-201 (Supp. 2001); jurisdiction is...
HOLMES v. MCCLENDON - 6/6/2002
This appeal involves an alleged conflict of interest resulting from one attorney's representation of competing interests in a wrongful-death action. On August 21, 1999, Appellee Charlie McClendon Jr. was severely injured in a head-on...
Johnson v. Cross Oil Refining & Marketing - 6/5/2002
NOT DESIGNATED FOR PUBLICATION
This appeal is from the Union County Circuit Court's allocation of the proceeds of a settlement in a wrongful-death action. The sole question presented in this appeal is whether the circuit judge...
Wayne Alexander Trust v. City of Bentonville - 6/5/2002
NOT DESIGNATED FOR PUBLICATION
In this appeal, the Wayne Alexander Trust challenges the constitutionality of several ordinances enacted by appellee City of Bentonville (City) on separation of powers and procedural due process...
Anderson v. Roy Ross Ford Lincoln Mercury - 6/5/2002
NOT DESIGNATED FOR PUBLICATION
The appellant in this workers' compensation case was employed by the appellee automobile dealership when he began experiencing back symptoms on July 20, 1998. Appellant's symptoms were sufficiently...
DAVENPORT v. LEE - 5/30/2002
Appellants Ron and Ramona Davenport filed a motion to stay, or in the alternative to recall, the mandate issued by this court in Davenport v. Lee, 348 Ark. 148, ___ S.W.3d ___ (2002). There, this court held that a pro se complaint...
D.B. GRIFFIN WAREHOUSE - 5/30/2002
Appellant D.B. Griffin Warehouse, Inc. (Griffin), appeals a Phillips County jury verdict awarding Appellee Margaret Sanders (Margaret), individually and as administratrix of the estate of Charles Sanders (Charles), deceased, $1.5...
DAVIS v. ST. JOHN'S HEALTH SYSTEM - 3/21/2002
This is a medical malpractice case that presents the issue of whether Arkansas courts have personal jurisdiction over a Missouri corporation. Appellants David Craig Davis and Marlo Davis are a married couple living in the state of...
PREMIUM AIRCRAFT PARTS v. CARROLL CTY. CIRCUIT COURT - 3/14/2002
A writ of prohibition is sought to prohibit the Carroll County Circuit Court from proceeding in connection with an action brought by Performance Aircraft Parts, Inc., and Performance Aircraft Power Plants, Inc., against Premium...
Pritchett v. Lewis Lumber & Manufacturing Co. - 3/13/2002
NOT DESIGNATED FOR PUBLICATION
Appellant, Pearl Pritchett, appeals the decision of the Arkansas Workers' Compensation Commission (Commission) denying continued benefits after May 11, 1998, to appellant for her compensable back...
Degregory v. Wal-Mart Stores - 3/6/2002
NOT DESIGNATED FOR PUBLICATION
Following a de novo review, the Arkansas Workers' Compensation Commission found that appellant Melinda DeGregory failed to prove that she sustained compensable injuries to her back or right shoulder...
Basler Electric Company - 3/6/2002
NOT DESIGNATED FOR PUBLICATION
Wanda Lamb sustained an admittedly compensable back injury while lifting coils at work on November 17, 1998. On or about March 27, 2000, appellee was working on an assembly line which required her...
Gerrald v. Douglas Tobacco Products - 2/27/2002
NOT DESIGNATED FOR PUBLICATION
This is the second appeal in this workers' compensation case. Appellant Betty Gerrald sustained a back injury while lifting soft drinks from the floorboard of her car during her employment with...
Hill v. Central Arkansas Equipment & Supply - 2/20/2002
NOT DESIGNATED FOR PUBLICATION
This case involves products-liability and negligence issues. Appellant Frank Hill was injured in August 1999 while driving a tractor and a rotary cutter (commonly referred to as a "bush hog")...
Howard v. St. Edward Mercy Medical Center - 2/20/2002
NOT DESIGNATED FOR PUBLICATION
This is a medical malpractice case. Appellant Edna Lou Howard, administratrix of the estate of her deceased husband Norman Howard, appeals from a directed verdict entered on behalf of appellee St....
JONES RIGGING & HEAVY HAULING - 2/14/2002
Appellants Jones Rigging and Heavy Hauling, Inc. ("Jones Rigging"), and Paul Kemp appeal the order of the Clark County Circuit Court granting Appellees Shannon Parker and Michael Rodney Parker a new trial. For reversal, Appellants...
Dickerson v. Baxter County - 2/13/2002
NOT DESIGNATED FOR PUBLICATION
Appellant argues that the Arkansas Workers' Compensation Commission erred in concluding that his February 8, 1999, back surgery following his January 14, 1999, fall on ice was not reasonably...
Atwood Distributing v. Rendelux - 2/6/2002
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Appellee, Dana Rendeluk, was employed by appellant, Atwood Distributing, Inc., when she suffered a compensable back injury on September 20, 1999. Appellant initially accepted the...
Little v. St. Paul Mercury Insurance Company - 2/6/2002
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Donna Little, the sister of David Rosborough, deceased, appeals as special administrator of his estate. David committed suicide while in the Leo N. Levi Memorial Hospital (hospital)...
Meek v. Carter - 2/6/2002
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Charlene Carter (Charlene) was involved in an automobile accident on September 1, 1997. Her husband filed for divorce the following day. On September 10, 1997, Charlene executed a...
St. Edward Mercy Medical Center v. Nemeth - 1/30/2002
NOT DESIGNATED FOR PUBLICATION
St. Edward Mercy Medical Center and Sisters of Mercy Health System, appellants, appeal the decision of the Arkansas Workers' Compensation Commission (Commission) awarding continued benefits to...
Manila Nursing Center v. Wilson - 12/19/2001
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
This is an appeal from a decision of the Workers' Compensation Commission awarding appellee benefits for a back injury she sustained at work. Appellant contends that the Commission's...
SMITH v. ST. PAUL FIRE & MARINE INS. - 12/19/2001
During November 4-8, 1996, Lydia Shepherd received medical care from St. Bernard's Regional Medical Center. She died on November 8, 1996. On November 4, 1998, her daughter, Kelly Smith, and other heirs brought a wrongful-death and a...
MAYS v. ALUMNITEC - 12/19/2001
Appellant, Angel Mays, brings this appeal from a decision by the Workers' Compensation Commission. The Administrative Law Judge ("ALJ") denied appellant's claim for compensation based on a lack of objective findings. The Commission...
COLLINS v. COLLINS - 12/13/2001
This is a domestic-relations case involving a dispute over whether funds obtained in conjunction with a settlement under the Federal Employers Liability Act ("FELA") are marital property for purposes of the marital-distribution...
Miller v. Ford - 12/12/2001
NOT DESIGNATED FOR PUBLICATION DIVISION I
Appellant, Jerry Miller, appeals from a decision of the Workers' Compensation Commission denying his claim for workers' compensation benefits against his employer, appellee, Randall Ford....
Advanced Plastics v. Peel - 12/12/2001
NOT DESIGNATED FOR PUBLICATION
Advanced Plastics appeals from an order of the Workers' Compensation Commission in which the Commission found that appellee Cora Peel proved that she sustained a work-related compensable aggravation...
R.N. v. J.M. - 12/6/2001
Appellant R.N. appeals the decision of the Craighead County Chancery Court denying his petition to establish paternity of a minor child, A.M., who was born to Appellee J.M. during her marriage to Appellee B.M. J.M. and B.M. are still...
MURPHY OIL USA - 12/6/2001
Appellant Murphy Oil USA, Inc. appeals a grant of summary judgment in favor of appellee Unigard Security Insurance Company (Unigard) and appellee Employers' Surplus Lines Insurance Company (ESLIC). In that summary judgment, the...
E-Z CASH ADVANCE - 12/6/2001
Appellant E-Z Cash Advance, Inc., appeals the order of the Pulaski County Circuit Court denying its motion to compel arbitration. For reversal, E-Z Cash argues that a contract signed by Appellee Deborah Harris contained a valid...
Murphy v. State - 12/5/2001
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Appellant James Murphy was charged with capital murder in Pulaski County Circuit Court. He was sixteen years old when the crime was allegedly committed. A hearing was held on...
Wanda's Eldercare v. Coplan - 9/19/2001
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
The employer, Wanda's Eldercare, appeals the decision of the Arkansas Workers' Compensation Commission that awarded compensation to Margie R. Coplan. We find that substantial evidence...
Brown v. Excel Corp. - 9/19/2001
NOT DESIGNATED FOR PUBLICATION
AFFIRMED ON APPEAL; AFFIRMED ON CROSS-APPEAL
The appellant in this workers' compensation case sustained a back injury in April 1997 when she attempted to catch a falling tray of meat while...
Excel Specialty Products v. Powell - 9/5/2001
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Appellant, Excel Specialty Products, brings this appeal challenging a decision of the Workers' Compensation Commission. The Administrative Law Judge (ALJ) awarded appellee, Faye A....
Jack v. Poulan Weed Eater - 8/29/2001
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Willie Lee Jack appeals from the Workers' Compensation Commission's order finding that he failed to prove that he sustained a compensable back injury while employed by Poulan Weed...
MEADORS v. STILL - 3/29/2001
This appeal brought by appellant Lesta Meadors is from an order granting summary judgment in favor of appellee Dr. Eugene F. Still. On appeal, Meadors questions the standard of review utilized by the trial court in granting summary...
LOEWER v. CLA-CLIFF NURSING AND REHAB. - 3/22/2001
Appellant, Duretha Loewer, brings this appeal as the administratrix of the estate of Minnie Sanford. Ms. Sanford, who suffered from dementia and osteoporosis, developed pneumonia and died on September 16, 1998, at the age of ninety. On...
Newton v. State - 3/8/2001
NOT DESIGNATED FOR PUBLICATION
PETITION DENIED
In 1996, a man was struck and killed by pick-up truck while jogging in Pine Bluff. Jerry A. Newton was ultimately found guilty in the incident of manslaughter and leaving the...
Miller County v. Stewart - 3/7/2001
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Miller County appeals from an order of the Workers' Compensation Commission finding that surgery was reasonable and necessary medical treatment for appellee John David Stewart's...
WAL-MART STORES v. LONDAGIN - 2/28/2001
We have jurisdiction of this case pursuant to Ark.Sup.Ct.R. 1-2 (b) (1) and (6) because the appeal requires us to construe Rule 408 of the Arkansas Rules of Evidence as it applies to the admissibility of evidence of an effort by...
Hodge v. State - 2/28/2001
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Appellants Terp Glenn Leeroy Hodge and Christopher David Couch, Jr., appeal the denial of their petitions to transfer to juvenile court. Hodge and Couch were housed by the Department...
Edens v. Superior Marble and Glass - 2/28/2001
NOT DESIGNATED FOR PUBLICATION
REVERSED AND REMANDED
James Edens, a shop foreman and eleven-year employee of Superior Marble & Glass, appeals a decision of the Workers' Compensation Commission that denied him benefits...
BAKER v. RADIOLOGY ASSOCIATES - 12/20/2000
Anna Mae Baker appeals from an order of summary judgment in which the trial court ruled that her malpractice complaint was barred by the statute of limitations. She seeks reversal on the ground that her claims fall within the...
Greene County Road Dept. v. Potter - 12/20/2000
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Greene County Road Department (Greene County) appeals the Workers' Compensation Commission's findings that appellee Dewey Potter sustained a compensable injury, was entitled to...
ESTRIDGE - 12/15/2000
Appellant Jack Estridge appealed the denial of benefits by the Workers' Compensation Commission regarding an injury to his back that he alleged occurred while in the employ of appellee Waste Management. The administrative law judge had...
PATTERSON v. INSURANCE DEPARTMENT - 12/14/2000
Appellant Annalee Patterson brings the instant appeal challenging a decision of the Arkansas Workers' Compensation Commission denying her claim for permanent and total disability benefits under the odd-lot doctrine. The court of...
GENERAL ACCIDENT INS. v. JAYNES - 12/14/2000
This appeal ensues from a car accident on February 24, 1992, which resulted in the death of David Jaynes, a truck driver for J. T. Shannon Lumber Company. Appellant General Accident Insurance Company, Shannon's workers' compensation...
RODGERS v. CWR CONSTRUCTION - 12/14/2000
The Court of Appeals certified this personal-injury case to us as a
subsequent appeal following two appeals previously decided in this court. See Richardson v. Rodgers, 334 Ark. 606, 976 S.W.2d 941 (1998); and Richardson v....
RICE v. GEORGIA-PACIFIC CORPORATION - 12/13/2000
Delton Rice appeals from a Workers' Compensation Commission decision finding that he failed to make a prima facie case that he was permanently and totally disabled pursuant to the odd-lot doctrine, and denying liability as to the...
JOHNSON v. GUARDIANSHIP OF RATCLIFF - 12/13/2000
This is an appeal from an order awarding a fee to an attorney hired by a guardian to represent the interests of the guardian's ward, a minor child. For reversal of that order, appellant argues that the guardian did not have the...
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