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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HIGGINBOTHAM v. ARKANSAS BLUE CROSS AND BLUE SHIELD - 3/1/1993
This dispute between insured and insurer over proceeds arising from personal injuries to the insured is certified to us by the Court of Appeals as containing both an issue of significant public interest and a legal principle of major...
BUSHONG v. GARMAN CO. - 12/9/1992
On May 12, 1988, appellant, Raymond Bushong, was cleaning a bathroom on the premises of Stewart Electric, his employer, in Jonesboro, Arkansas. Appellant was trying to remove grease from the bathroom floor and had used almost an entire...
PUROLATOR COURIER v. CHANCEY - 11/4/1992
In this workers' compensation case Purolator Courier, the employer, appeals from an order of the Commission holding that Billy Darrell Chancey was entitled to additional temporary total disability benefits; that Chancey sustained...
JOHNSON v. AMERICAN PULPWOOD CO. - 3/25/1992
In his job as a pulpwood hauler, Melvin Johnson sustained several injuries over roughly a two-year period. After a July 6, 1989, hearing, an administrative law judge found that appellant had permanent partial disability of 26% to his...
GRICE v. ATKINSON - 3/23/1992
This is an appeal from a judgment entered by the trial court in a dental malpractice action following a directed verdict for the defendant at the close of the plaintiffs' case.
Cindy Grice and her husband sued Dr. Robbie R....
SLOAN v. VOLUNTARY AMBULANCE SERV. - 3/11/1992
This is an appeal from a decision of the Workers' Compensation Commission which held that appellant was not entitled to benefits under the Arkansas Workers' Compensation Act. We affirm.
In 1985 the Benton County Quorum Court...
WAIRE v. JOSEPH - 3/2/1992
On April 18, 1989, Jerry Myers, a student, was injured during track practice at Searcy Junior High School. His mother, Connie Waire, as next friend, appellant herein, filed a negligence suit against the Searcy School District (the...
65TH CENTER - 3/2/1992
The primary question in this tort suit is whether a private possessor of land that is adjacent to a public roadway is liable for the injury of a person who unintentionally deviates from the roadway. Because the numerous parties have...
HAMILTON v. RUSSELL - 12/26/1991
This appeal ensues from the trial court's granting a new trial, finding that the damages awarded appellees by the jury were inadequate. The jury damages awarded resulted from a vehicular collision between an automobile driven by...
INSURANCE CO. OF N. AM. v. FORREST CITY CLUB - 11/20/1991
The appellant in this contract case issued to the appellee a commercial general liability policy providing certain types of liability coverage for the appellee, a private country club which operates tennis courts and a golf course in...
JARBOE v. SHELTER INS. CO. - 11/18/1991
The appellant, Sarah Sue Jarboe, appeals from a dismissal of her complaint against the appellee, Shelter Insurance Company. The issue before the circuit judge and on appeal concerns the obligation of Shelter under Ark. Code Ann....
THOMAS v. SESSIONS - 11/11/1991
This is a wrongful death action against two physicians and a hospital based on claims of medical malpractice. The hospital, Jefferson Regional Medical Center, and one of the physicians, Dr.
Carl Bell, were dismissed by summary...
NICHOLSON v. CENTURY 21 - 11/4/1991
The appellant, E. Leon Nicholson, appeals from a judgment for deceit in favor of the appellee, Billy C. Ivy, in the amount of $105,000. The judgment was in the nature of an indemnity for a judgment entered in like amount against Ivy...
ELLIOTT v. HURST - 11/4/1991
This tort case involves appellee's suit against appellant for appellant's conversion of appellee's wolf hybrid dog named Rambo. Appellant apparently responded to appellee's advertisement offering purebred Arctic tundra wolves for sale,...
STATE FARM MUT. AUTO. INS. CO. v. PHARR - 5/13/1991
Appellant, State Farm Mutual Automobile Insurance Company, appeals a judgment filed December 27, 1989, in Drew County Circuit Court in favor of appellee, Marion Pharr. Appellant makes only one assignment of error, that being the court...
SCHMIDT v. GIBBS - 4/29/1991
This is a wrongful death medical malpractice case. The appellant, Homer D. Schmidt, contends that the trial court erred in granting the motion for summary judgment of the appellees, Dr. Stanley Browning, Arkansas Anesthesia, P.A., and...
BAKER v. STATE FARM FIRE & CAS. - 3/20/1991
Billy Baker, administrator of the estate of Willie Odell Baker, deceased, appeals from an order of the Hot Spring County Probate Court, contending that it erred in denying his petition that appellee State Farm Fire and Casualty...
REAGAN v. CITY OF PIGGOTT - 3/18/1991
This appeal is from a judgment of the Clay County Circuit Court granting summary judgment in a medical malpractice suit. Appellant, Bradley James Reagan, initiated this action for medical malpractice against appellees, Dr. Myra Anders...
WEST v. SEARLE & COMPANY - 3/18/1991
Appellants, Gari and Larry West, filed a products liability suit against appellees, Searle & Co., G.D. Searle & Co., and Searle Pharmaceuticals, Inc. In their complaint the Wests pleaded that Gari's use of Ovulen-28, a birth...
NEWSOME v. UNION 76 TRUCK STOP - 3/13/1991
Charles Newsome appeals from an order of the Arkansas Workers' Compensation Commission holding that his claim was barred by the so-called Shippers Transport doctrine. He contends that the evidence in this case does not support...
BLACK v. CRAWLEY - 3/4/1991
Appellant, Dorothy M. Black, as parent and next friend of April Renee Black, her minor daughter, filed a complaint against Dr. Charles C. Crawley in St. Francis County Circuit Court on March 9, 1988. Appellant sought to recover damages...
POWELL v. BURNETT - 3/4/1991
This is a medical malpractice case. The appellants, Marlin A. and Nancy H. Powell, husband and wife, alleged that Dr. Hugh F. Burnett was negligent in performing artery bypass surgery to correct Mr. Powell's abdominal aneurysm. The...
RICK'S PRO DIVE 'N SKI SHOP v. JENNINGS-LEMON - 3/4/1991
The appellee, Cindy Jennings-Lemon, enrolled in the appellant, Rick's Pro Dive 'N Ski Shop's (Rick's) underwater diving course. While participating in the course, Jennings-Lemon became extremely cold and apparently had to get out of...
JEFFERSON HOSPITAL ASS'N v. GARRETT - 3/4/1991
Plaintiff, Patsy Garrett, as administratrix of her mother's estate, filed suit against defendant, Jefferson Hospital Association, Inc., and its insurer, defendant, St. Paul Fire & Marine Insurance Company. The complaint alleged the...
LUNSFORD v. RICH MT. ELEC. CO-OP. - 12/26/1990
This is an appeal from the Arkansas Workers' Compensation Commission.
On December 8, 1983, the appellant sustained a work-related injury that appellee accepted as compensable. On March 7, 1988, appellant went horseback riding...
WHITE v. AIR SYSTEMS - 12/26/1990
The appellant in this workers' compensation case was injured at work on November 17, 1988, and he filed a claim for benefits which was controverted by the appellees. The administrative law Judge awarded benefits, and the appellees...
TAYLOR v. PHILLIPS - 12/21/1990
This is a medical malpractice case which was dismissed by the trial court because the two-year statute of limitations had run. Ark. Code Ann. 16-114-203(a) (1987). The appellant, George W. Taylor, seeks reversal on the ground that he...
THORNTON v. BRUCE - 12/19/1990
Jerry Thornton appeals from an order of the Arkansas Workers' Compensation Commission denying him benefits for a back injury alleged to have occurred in the scope of his employment with appellee Darrell David Bruce. The only issue...
MACK v. WILKERSON - 12/17/1990
This case involves a suit for personal injuries and wrongful death.
On the morning of December 2, 1987, the appellee, Billy Wilkerson, was driving a tractor/trailer rig loaded with sawdust. Wilkerson was employed by the appellee,...
WOLFE v. CITY OF EL DORADO - 12/5/1990
On September 12, 1987, William J. Wolfe sustained an admittedly compensable injury to his neck resulting from an automobile accident. Wolfe was then an officer with the El Dorado Police Department. His neck injury was treated with...
MONTGOMERY v. DELTA AIRLINES - 6/27/1990
The issue in this appeal from a decision of the Workers' Compensation Commission is the amount of the weekly benefits the employee is entitled to as a result of his permanent total disability. The resolution of this issue involves the...
HODGES v. BAPTIST MEDICAL SYSTEMS - 6/27/1990
Rita Rose Hodges appeals from an order of the Arkansas Workers' Compensation Commission denying her temporary total disability benefits resulting from an injury sustained while in the employ of appellee Baptist Medical Systems. She...
KING v. JACKSON - 6/25/1990
This is an appeal from an order granting summary judgment in favor of the appellees. We affirm.
The facts are that the appellant was interested in buying some land located behind the appellees' home. Thinking that the appellees...
BAGGETT v. BRADLEY COUNTY CO-OP - 6/4/1990
Appellants, plaintiffs below, filed suit against appellees. After answers were filed, interrogatories were propounded, depositions were taken, and affidavits were filed, the appellees moved for summary judgment. The trial court set a...
NORTHWESTERN NAT'L LIFE INS. CO. v. HESLIP - 5/21/1990
The appellee, a member of the Arkansas National Guard, brought this action against Northwestern National Life Insurance Company (Northwestern), the appellant, to recover disability insurance benefits for a back injury. Northwestern...
FORT SMITH SERV. FIN. CORP. v. PARRISH - 5/14/1990
The question in this case is whether the appellant's acceptance of money, obtained as a result of a lien filed in a personal injury case, operated as an accord and satisfaction of a judgment in a different case. We hold it did not and...
DAVES v. HARTFORD ACCIDENT & INDEM. CO. - 5/14/1990
This case involves enforcement of a statutory lien by the appellee, Hartford Accident and Indemnity Company (Hartford), against appellants, Dalton Daves, Hartford's insured, and Sentry Indemnity Company (Sentry), to collect monies paid...
WEST UNION v. VOSTATEK - 5/7/1990
This is an appeal of a judgment in favor of the appellee, Allen Vostatek, who was injured as the result of the bus in which he was a passenger being struck by the trailer of an oncoming tractor-trailer rig. The truck, which belonged to...
THRELKELD v. WORSHAM - 3/14/1990
The appellees in this case, Don Worsham and Mike Statler, are residents of Arkansas. They filed separate lawsuits against appellants for breach of express and implied warranties, the selling of unreasonably dangerous cattle in a...
WOODARD v. WHITE SPOT CAFE - 3/7/1990
The appellant in this workers' compensation case injured his back while getting out of his auto in the employer's parking lot five minutes before he was scheduled to begin work. The Workers' Compensation Commission found that the...
CROSBY v. MICRO PLASTICS - 3/7/1990
The appellant, Rose Crosby, who was formerly employed by appellee, Micro Plastics, Inc., appeals from a decision of the Workers' Compensation Commission which denied her claims for wage loss disability, additional temporary total...
FULLER v. JOHNSON - 12/18/1989
On May 6, 1986, the vehicle driven by Earnest M. Jones struck the rear of the vehicle driven by Manuel Johnson. Johnson was stopped to make a left turn and had his left turn signal on. The weather was clear, the road was dry, and the...
DOOLEY v. HOT SPRINGS FAMILY YMCA - 12/18/1989
The question is one of statutory construction. The legislature undoubtedly made a mistake when it created an exception to the usual four year statute of limitations applicable to suits for personal injuries caused by the defective...
ARKANSAS BANK & TRUST CO. v. ERWIN - 12/11/1989
This case concerns a petition for writ of prohibition filed by the Arkansas Bank & Trust Co., alleging the Randolph County Circuit Court does not have venue of a law suit filed against the Bank by plaintiffs Kenneth Smith, Darrell...
SPIRES v. RUSSELL - 12/4/1989
On July 20, 1987, Act 70 of 1987 came into effect. Section 1 of the act has been codified as Ark. Code Ann. 27-53-402 (Supp. 1989) as follows:
(a) In all cases wherein loss or damage occurs to property resulting from motor...
MACK v. TYSON FOODS - 6/21/1989
The appellant, Leslie Joe Mack, suffered a back injury on October 11, 1986, while working for appellee, Tyson Foods, Inc. Although appellee initially accepted the claim as compensable, appellee later contended that it was
...
KNIGHT v. INDUSTRIAL ELEC. CO. - 6/21/1989
Larry Knight appeals a decision of the Workers' Compensation Commission holding that he had knowingly and willfully made a false representation as to his physical condition on his employment application and, consequently, his claim was...
HALL v. STATE - 6/19/1989
The appellant was convicted of first degree murder, theft by receiving, and fleeing. The theft by receiving conviction was merged into the murder conviction, and therefore, appellant was sentenced only for first degree murder and...
GREEN v. YARBROUGH - 6/12/1989
On March 13, 1985, the appellee Kerry Yarbrough filed a complaint against the appellant Richard Green alleging that Green had assaulted him and seeking personal injury damages. Yarbrough attempted to serve process pursuant to Ark. R....
ALEXANDER v. CHAPMAN - 6/12/1989
This is the second appeal in this medical malpractice case. For the second time, a jury returned a verdict for the defendant. In the first appeal, the only issue presented was whether the trial tactics used by the defense attorneys...
NATIONAL UNION FIRE INS. CO. v. STANDRIDGE - 6/5/1989
This is the second appeal concerning the estate of Carroll Wayne Standridge, deceased. In Standridge v. Standridge, 298 Ark. 494, 769 S.W.2d 12 (1989), we decided that Standridge's marriage to Annie Standridge was not legal because her...
GARNER v. LIMBOCKER - 5/24/1989
This appeal comes to us from Sebastian County Circuit Court. Patricia Garner, appellant and administratrix of the estate of Ilia Frank Hill, Jr., appeals from the trial court's award of $3,000.00 from appellee, City of Fort Smith, for...
HENSLEY v. WHITE RIVER MEDICAL CENTER - 5/17/1989
Appellee, White River Medical Center, sued appellant, Henry Hensley, for nonpayment of an $8,800.00 hospital bill. Hensley filed a counterclaim for medical malpractice alleging that while he was a patient in the hospital, "a nurse or...
STANDRIDGE v. STANDRIDGE - 5/1/1989
This case arises from a contest in the probate court over who should be the personal representative and administrator or administratrix of a decedent's estate. The primary issue litigated was whether the appellee, Annie Louise Thacker...
PENNY v. PHILLIPS - 5/1/1989
Following a verdict for the defendants in a personal injury suit, the trial court set the verdict aside and ordered a new trial. The defendants have appealed. Finding no abuse of discretion, we affirm.
Jimmy Phillips filed this...
INTERNATIONAL UNION OF ELEC. - 3/21/1988
This appeal is from an order certifying a class action. The appellees, who are non-union salaried and hourly employees of Sanyo Manufacturing Corp. in Forrest City, sued the appellants, the International Union of Electrical, Radio and...
EARNEST v. JOE WORKS CHEVROLET - 3/21/1988
The only question presented by this appeal is whether the trial court erred in granting a directed verdict for the defendant in a property damage claim.
In August, 1983, appellant Lloyd Earnest purchased a new 1983 truck from Joe...
KNAUS v. RELYEA - 3/16/1988
The appellant, Carolyn Knaus, petitioned the Carroll County probate court seeking an order finding that she had entered into a valid common law marriage with the deceased Mark Relyea in Colorado and requested that the court enter an...
BRIMER v. STATE - 3/14/1988
This case was certified to us by the Court of Appeals pursuant to Ark. Sup. Ct. Rule 29(1)(c) because it involves the interpretation of Ark. Code Ann. 5-4-303 and 16-90-303 (1987). On November 4, 1986, the appellant entered a guilty...
MID-STATE CONSTRUCTION CO. v. SECOND INJURY FUND - 3/14/1988
In this case we granted a petition to review a decision of the court of appeals announced in an opinion not designated for publication, Mid-State Construction Company v. Second Injury Fund, CA 86-429 (Ark. App. July 15, 1987). The...
DAWSON v. FULTON - 2/29/1988
This is a personal injury case in which a farm employee, the appellee Dewey Fulton, sued his employer for negligence. The jury returned a verdict in Fulton's favor, and the appellants, Ray Dawson and Diamond Woods, Inc., contend the...
IN RE THE ESTATE OF CAMPBELL - 2/29/1988
This appeal arises from the probate judge's approval of a petition for authority to settle a wrongful death claim by one of the two co-administratrices and over the objection of the other. Two points are presented by the appellants who...
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