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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PUBLIC EMPLOYEE CLAIMS DIVISION v. CHITWOOD - 3/25/1996
The issue in this appeal is whether the appellant Public Employee Claims Division of the Arkansas Insurance Department (PECD), the workers' compensation carrier for state agencies, owes a one-third attorney fee as costs of collection...
KUHN v. MAJESTIC HOTEL - 3/25/1996
Petitioner, Ronald Kuhn, appealed a decision of the Arkansas Workers' Compensation Commission to the Arkansas Court of Appeals, which affirmed the Commission's decision by a tie vote. Kuhn v. Majestic Hotel, 50 Ark. App. 23, 899 S.W.2d...
NATIONAL BANK OF COMMERCE v. QUIRK - 3/18/1996
This is a medical malpractice case. The appellants are the co-guardians of Emily Jane Golden ("guardians") and the Arkansas Department of Human Services ("ADHS"), which provided medical benefits to her. The appellees are ten physicians...
QUINN v. WEBB WHEEL - 3/6/1996
This is an appeal from an order of the Workers' Compensation Commission finding that appellant's death constituted new evidence to be considered in determining the propriety of awarding a lump-sum payment pursuant to Ark. Code Ann. ยง...
GANSKY v. HI-TECH ENG'G - 2/28/1996
Rick Gansky appeals from an order of the Arkansas Workers' Compensation Commission denying additional medical benefits and temporary total disability benefits for his October 31, 1992, compensable injury. Appellee paid temporary total...
HAWKINS CONSTRUCTION v. MAXELL - 2/21/1996
Hawkins Construction Company has appealed a decision of the Worker's Compensation Commission which affirmed the administrative law judge's decision and adopted his findings of fact and conclusions of law. The law judge held appellant...
WHITE v. WELSH - 2/19/1996
The appellants, Hubert and Sharon White, are landowners in Marion County. Their land lies adjacent to property owned by the late Martin Hardcastle, Jr. On January 20, 1995, the appellants petitioned the Marion County probate court to...
HARVEST FOODS v. WASHAM - 2/14/1996
Harvest Foods and St. Paul Fire and Marine Insurance Company, its workers' compensation
insurance carrier, have appealed the January 11, 1995, decision by the Workers' Compensation Commission that upheld an award of temporary...
BUILDER'S TRANSPORT - 2/12/1996
Lincoln Wilson was injured when his car was struck by a tractor-trailer owned by Builders Transport, Inc., and driven by Robert Claussen. Wilson filed suit against Builders and Claussen, and the jury returned a verdict of $245,000....
FIRST COMMERCIAL TRUST COMPANY v. RANK - 2/12/1996
The appellant, First Commercial Trust Company, Administrator of the Estate of Laura Fullbright, appeals from a judgment in favor of appellee Dr. Rheeta Stecker, who was the family doctor for Laura Fullbright and her mother, Mary Ellen...
SKAGGS v. JOHNSON - 2/12/1996
This is a medical malpractice case. Appellants Mary and James Skaggs appeal from a trial court's order granting summary judgment in favor of appellees, Drs. Philip Johnson and Richard Nix and the Little Rock Orthopedic & Sports...
FLEMENS v. HARRIS - 2/12/1996
This is the second appeal of this case involving a claim of negligence against an insurance agent; the first appeal was dismissed without prejudice pursuant to Ark. R. Civ. P. 54(b). Flemens v. Harris, 319 Ark. 659, 893 S.W.2d 783...
HARTFORD FIRE INS. CO. v. CAROLINA CAS. INS. - 2/7/1996
Hartford Fire Insurance Company and NSL, Inc., appeal from a declaratory judgment in favor of appellees, Carolina Casualty Insurance Company, William E. Stanley, and Lubin Wesley Capps.
William E. Stanley is a truck driver who...
DOE v. UNION PACIFIC RAILROAD CO. - 2/5/1996
This appeal is taken from the trial court's denial of the appellant's motion to prosecute her lawsuit under the pseudonym "Jane Doe." We hold that the court's ruling is not a final, appealable order. Therefore, the appeal is dismissed....
MASON v. JACKSON - 2/5/1996
Jody Jackson, the appellee, teaches horseback riding. Kittye Mason, the appellant, is the mother of Lydia Mason who, as a teenager, was a student of Ms. Jackson. Kittye Mason agreed to pay Ms. Jackson $500 to find a 10-year-old...
HERTLEIN v. ST. PAUL FIRE & MARINE INS. CO. - 2/5/1996
Appellant, Brenda Hertlein, as administratrix of the estate of Edward Hertlein, deceased, appeals the order of the Logan County Circuit Court granting summary judgment for appellee, Philip Tippin, M.D., on the ground that the statute...
HAASE v. STARNES - 2/5/1996
Appellant, Roger Haase, appeals an order of the Pulaski County Circuit Court granting summary judgment to appellee, C. Wayne Starnes, M.D., and dismissing without prejudice appellant's complaint for negligence and breach of express...
CHATELAIN v. KELLEY - 11/20/1995
At the end of a full-term pregnancy in 1989, appellant Joanne Mote, whose name is now Joanne Chatelain, was admitted to a hospital for delivery of her child. While she was awaiting delivery, an emergency Caesarian section
...
HUNT v. RILEY - 11/13/1995
Appellant Eugene Hunt, an attorney in Jefferson County, brings this appeal on behalf of himself and other attorneys who, he alleges, comprise a class. He contends that the circuit court erred in dismissing his complaint under Ark. R....
PATTERSON v. ODELL - 11/13/1995
Barbara Patterson, the appellant, brought this wrongful death action as personal representative of her daughter, Catherine Patterson, who was killed in a 1987 automobile collision. Catherine Patterson was a passenger in a car which...
CASH v. LIM - 11/6/1995
The appellants, Jane A. Cash and Hugh Cash, appeal from a summary judgment in favor of appellees Dr. Rodolfo Espaldon Lim and Pine Bluff Radiologists, Ltd. They contend that a genuine issue of material fact concerning causation in...
ALEXANDER v. FLAKE - 10/30/1995
Plaintiff William V. Alexander, Jr. filed this suit on June 11, 1993, alleging that defendant John Flake committed fraud, breach of fiduciary duty, and fraudulent concealment in the development of a real estate project in Boulder,...
SALINE MEMORIAL HOSP. v. BERRY - 9/25/1995
The issue in this appeal is whether the Trial Court erred by disqualifying the law firm Friday, Eldridge, and Clark (Friday firm) from representing Saline Memorial Hospital in an action brought pursuant to the Freedom of Information...
FIRST COMMERCIAL TRUST CO. v. LORCIN ENG'G - 6/26/1995
This civil case arises from the fatal shooting of Stephanie M. Jungkind by Michael Catlett. Two weeks ago we affirmed Catlett's conviction for the capital murder of
Stephanie. See Catlett v. State, 321 Ark. 1, ___ S.W.2d ___...
ST. LOUIS SOUTHWESTERN RAILWAY CO. v. GRIDER - 6/19/1995
This case involves a collision between a freight train and a tractor-trailer, which occurred at a rural crossing in Crittenden County on August 1, 1990. The conductor of the train, appellee Billy John Grider, suffered a neck injury and...
BRADLEY v. ALUMAX - 6/14/1995
Appellant Sara Bradley appeals the Arkansas Workers' Compensation Commission's decision awarding a 15 percent permanent impairment rating and 30 percent wage-loss disability. Appellant argues that the decision is not supported by...
KUHN v. MAJESTIC HOTEL - 6/14/1995
This is an appeal from the Workers' Compensation Commission's decision finding that appellant had failed to prove by a preponderance of the evidence that he sustained a compensable back injury or that the subsequent surgery was...
IN RE GUARDIANSHIP OF STRICKLAND - 6/7/1995
This is an appeal from the order of the Sebastian County Probate Court denying appellant Rebecca
Strickland's (now McKaughan) petition to terminate the guardianship of her estate.
On April 26, 1977, appellant's father was...
IN MATTER OF ESTATE OF GOSTON v. FORD MOTOR CO. - 6/5/1995
This tort case presents the question of whether the Circuit Judge was correct in dismissing a claim on the basis of res judicata. We affirm the result reached by the trial court, but for the reason that the appellant's claim was...
WILLIAMS v. HUDSON - 5/30/1995
Appellant, Norman Williams, appeals an order of the Marion County Circuit Court refusing to reconsider its previous order granting summary judgment to appellee, Loyde Hudson, M.D., on appellant's claim for medical malpractice arising...
WILLIAMS v. SOUTHWESTERN BELL TEL. CO. - 2/27/1995
The appellant, Katherine Elizabeth
Williams, allegedly sustained injury to her wrist on a pay-telephone cord maintained by the appellee, Southwestern Bell Telephone Company ("Bell"), and brought suit against Bell in Pulaski...
DALEY v. CITY OF LITTLE ROCK - 2/13/1995
Appellant Frank Daley appeals the trial court's order denying disability benefits under the Firemen's
Relief and Pension Fund, because Daley had been terminated for cause and was not a member of the Fund when he applied for...
GRIFFIN v. WOODALL - 2/6/1995
Appellant, Wilma Beatrice Griffin, appeals a judgment of the Perry County Circuit Court entered pursuant to jury verdicts for separate appellees, John R. Woodall and Damon Martin Weir. Appellant filed a negligence suit against...
SPROLES v. ASSOCIATED BRIGHAM CONTR. - 12/19/1994
Lynn Sproles brought this action against Nucor-Yamato Steel Company (NYS) and Associated Brigham Contractors, Inc. (ABC) for personal injuries suffered when he fell from an elevated platform at a steel mill operated by NYS. Sproles...
CAMPBELL SOUP COMPANY v. GATES - 12/19/1994
The appellant, Campbell Soup Company, seeks reversal of a judgment in favor of the appellee, Kathy Jo Gates, in a product liability case involving the presence of insect larvae in a Campbell's packaged food item. Campbell Soup argues...
RANKIN v. FARMERS TRACTOR & EQUIP. CO. - 12/12/1994
The primary issue in this appeal is whether appellant Darryl Rankin's suit for negligence against Farmers Tractor & Equipment Company, Inc., is barred by the exclusivity provisions of the Workers' Compensation Act. This dispute...
THOMPSON v. DUNN - 12/12/1994
This is an appeal from an order dismissing a medical malpractice complaint. The trial court held the statute of limitations barred the action, and we agree.
On July 14, 1991, appellant John Thompson was treated for a foot injury...
HATTEN v. LITTLE ROCK DODGE - 11/16/1994
The issue in this appeal from the Workers' Compensation Commission is the right of appellant's attorney to a fee on the amount of an insurance carrier's subrogation interest in the proceeds of a third-party tort action. The Commission...
WILLIAMS v. NUCOR-YAMATO STEEL CO. - 10/31/1994
In this wrongful death case, a summary judgment was entered in favor of the defendant, now appellee, Nucor-Yamato Steel Company (Nucor). The decedent, Dearl Dean Williams, was an employee of Cache Valley Electric Company (Cache). Cache...
BELL v. ESTATE OF BELL - 10/31/1994
Appellant, Debra E. Bell, appeals from an order of the Crawford County Probate Court fixing the shares of the proceeds of a compromise settlement of the wrongful death claim arising from the death of appellant's spouse, Robert L. Bell...
JARBOE v. SHELTER INSURANCE COMPANY - 6/20/1994
Appellant, Sarah Sue Jarboe, appeals a judgment of the Baxter Circuit Court dismissing her complaint against appellee, Shelter Insurance Company. This is the second time she has appealed the dismissal of her complaint
to this...
PALAZZOLO v. NELMS CHEVROLET - 6/15/1994
Appellant Dino Palazzolo filed a workers' compensation claim, alleging that he suffered an injury while working for Nelms Chevrolet on September 23, 1991. He sought temporary total disability benefits, medical expenses, and attorneys...
PUGH v. ST. PAUL FIRE & MARINE INS. CO. - 6/13/1994
This is an appeal from a summary judgment in a medical malpractice case. The trial court applied the decision in Weidrick v. Arnold, 310 Ark. 138, 835 S.W.2d 843 (1992), holding that the malpractice claim was time-barred. That holding...
PICKENS v. BLACK - 3/28/1994
Appellants are the surviving children of the decedent, R.A. Pickens. The decedent died testate, and appellants are neither beneficiaries under his will nor creditors of the estate. Appellee is the executor of the decedent's estate and...
YOUNG v. YOUNG - 3/28/1994
This is a contempt proceeding involving a property settlement in divorce. In a hearing requested by William Young (appellee) to locate some of the marital property, Constance Young (appellant) refused to answer questions on the basis...
GRIMES v. NORTH AM. FOUNDRY - 3/21/1994
This is a Workers' Compensation case. Claimant/appellant is Steven Grimes. Respondents/appellees are North American Foundry and its carrier. Grimes sustained a compensable injury to his back on August 20, 1987. He received temporary...
THOMAS v. CORNELL - 3/21/1994
The trial court granted a motion to dismiss in favor of appellee, Paul Cornell, M.D., inasmuch as the applicable statute of limitation in medical malpractice actions limits claims to two years from date of wrongful act complained of,...
KITCHENS v. EVANS - 2/16/1994
The appellant, Walter Kitchens, appeals from an order of the circuit court of Calhoun County awarding $114,620.00 plus interest and costs to appellees, John Evans and Sheldon Baum, who are assignees of claims by three medical...
GREEN v. NAT'L HEALTH LAB - 2/14/1994
This is a medical malpractice case. Kimberly Green appeals from a summary judgment in favor of an entity named "National Health Laboratories, Incorporated," a Delaware Corporation, which uses the fictitious name, "Fort Smith Medical...
BURNETT v. FOWLER - 1/31/1994
Scott Fowler, the appellee, sued Dr. Robert Burnett, the appellant, for medical malpractice. A jury returned a verdict in favor of Dr. Burnett. The question before us is whether the Trial Court abused his discretion in granting a new...
VERDICT v. STATE - 12/21/1993
Danny E. Verdict was convicted of murdering his ex-wife, Marcella Kelly, and sentenced to life in prison. He appeals his conviction and sentence and presents four issues for our review. He asserts that one of his two attorneys was...
CAMPBELL v. BARD - 12/21/1993
This is a medical malpractice case. Patricia Campbell sued Dr. Shirley Bard on behalf of herself and her ten-year-old daughter, Veronica. Mrs. Campbell claimed Dr. Bard treated Veronica for chronic constipation when in fact she was...
WENRICK v. CRATER - 12/20/1993
The insured, appellant Rita Wenrick, was injured in a car wreck which was caused by the negligence of the tortfeasor, Paula Crater. Appellant Wenrick was insured by appellee, Hartford Casualty Insurance Company, and made a claim for...
RATHBUN v. WARD - 12/6/1993
A Washington County Circuit Court jury assessed 75% of the
fault against appellant, Angela Renee Rathbun, and 25% of the fault against separate appellee, Wylladean Richards, for injuries sustained by passengers in Rathbun's...
WHITE CONSOL. v. ROONEY - 11/24/1993
This is an appeal by White Consolidated and its workers' compensation carrier, Continental Loss Adjusting (appellants), from a decision of the Workers' Compensation Commission which held that a prior work-related injury must involve a...
BELIN v. WEST - 11/8/1993
Appellee, Reverend G. Edward West, filed suit against appellants, Bishop Henry Allen Belin, Jr., Reverend Rickey H. Hicks, Reverend Rufus R. Young, Reverend Michael Washington, and Reverend B.C. Altheimer in the Sebastian County...
HOLLABAUGH v. ARKANSAS STATE MEDICAL BD. - 9/8/1993
Denise Hollabaugh, M.D., is a family practice physician in Dover, Arkansas. Following a hearing on March 12, 1992, the Arkansas State Medical Board found that Dr. Hollabaugh had violated Ark. Code Ann. 17-93-409(7) (Repl. 1992) and the...
JOHN CHEESEMAN TRUCKING - 6/28/1993
This is a wrongful death case. The issues to be decided in connection with this appeal are:
(A) Whether there was a determination as to the issue of liability as between the appellants and the appellees in a previously decided...
NAZARENKO v. CTI TRUCKING CO. - 6/28/1993
Mike Nazarenko sued CTI Trucking Co., Inc. (CTI) and its driver, Randy Justice, appellees, for his injuries and damages resulting from their negligence. The jury returned a verdict in the appellees' favor. Mr. Nazarenko then filed a...
SMITH v. STEVENS - 6/21/1993
Appellants, Bernard C. Smith
and Frances Smith, filed suit against appellee, Jack L. Stevens, in the White Circuit Court seeking damages for Mrs. Smith's personal injuries as well as damages to their automobile arising out of...
GRIMES v. NORTH AMERICAN FOUNDRY - 6/16/1993
Steven Grimes appeals from an order of the Arkansas Workers' Compensation Commission limiting his award of permanent partial disability benefits to seven percent to the body as a whole. For reversal of this decision, appellant contends...
SKINNER v. R.J. GRIFFIN & CO. - 6/14/1993
This issue on appeal is whether the trial court erred in charging the jury on comparative fault. We hold that it was error to give the instruction, and, because the
error is not shown to be harmless, we reverse and remand. ...
HILL v. PATTERSON - 6/1/1993
This is an original action for a writ of prohibition to prevent the circuit court from asserting jurisdiction over claims belonging exclusively to the Arkansas Worker's Compensation Commission. We agree with the petitioner and grant...
FORD MOTOR COMPANY v. MASSEY - 6/1/1993
Two issues are raised by the appellants, Ford Motor Company and Quality Ford, Inc., in this appeal: 1) whether the trial judge erred in refusing to grant a
judgment notwithstanding the verdict due to the absence of a reasonable...
COCKMAN v. STATE FARM AUTOMOBILE INS. CO. - 6/1/1993
Appellee, State Farm Mutual Automobile Insurance Company (State Farm), brought suit for a judgment declaring that it did not owe its insured's attorney an attorney's fee for his efforts in settling its insured's claim for property...
RUFFINS v. ER ARKANSAS - 5/17/1993
Plaintiff, the administrator of the decedent's estate, filed this action against the defendants, ER of Arkansas, an emergency medical care professional association, and David Beam, Robert Parkman, and Lowell Ozment, medical doctors....
BABBITT v. QUIK-WAY LUBE AND TIRE - 5/17/1993
Appellant Clara Faye Babbitt filed this personal injury action against appellee Quik-Way Lube and Tire, Inc., alleging that, as a passenger, she sustained injuries as a result of her husband's car falling into a drainage hole when he...
RIVERSIDE FURNITURE CO. v. LOYD - 4/28/1993
The appellee in this workers' compensation case was employed by the appellant, Riverside Furniture Company, as a lead man. His duties included pushing carts loaded with lumber inside the factory. The appellee filed a claim for benefits...
CONLEY TRANSP. - 3/22/1993
Appellant Conley Transport, Inc. (Conley), is a White County trucking company. Appellee Great American Insurance Companies (Great American), is the insurer of Conley Transport under a truckers physical damage policy. This policy only...
TRI-STATE INS. CO. v. SING - 3/17/1993
The appellant, Tri-State Insurance Company, appeals from an order declaring that it was obligated under a contract of insurance to provide a defense for appellees Perry Sing and Big Cat, Inc., in a lawsuit brought against them. On...
CONTINENTAL CASUALTY CO. v. SHARP - 3/15/1993
On October 26, 1987, the appellee, Bobby Sharp, suffered a back injury during the course and arising out of his employment with Kinco, Inc. At the time of this work-related accident, Continental Casualty Company (CCC), the appellant,...
ELKINS v. ARKLA - 3/15/1993
This is a wrongful death case. Lisa Elkins, the appellant, brought the action as administratrix of the estate of her deceased husband, Paul Elkins. Paul Elkins was employed by Daniel Utility Construction Co. (Daniel) which had...
KYLE v. STATE - 3/15/1993
In this appeal, we are asked to decide whether a circuit court retains jurisdiction over a defendant who has been ordered to pay restitution as a condition of a deferred imposition of sentence until the restitution has been paid in...
BROADWAY v. B.A.S.S. - 3/10/1993
Appellant Thomas Broadway appeals from a decision of the Workers' Compensation Commission finding that he was guilty of unreasonable conduct in connection with a work-connected disability. This action was held to constitute an...
GARNER v. KEES - 3/8/1993
This is the appeal from a verdict in favor of the defendants in a suit for the tort of outrage. The appellants are four daughters of Mrs. Mamie Ashlock, deceased. Appellees are the Southern Nursing Home, its owner, administrator,...
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