Arkansas, February, 2002, State Case law

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State Courts - Arkansas - February 13, 2002

Capital Life & Accident Ins. Co. v. Phelps, CA 01-769, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 13, 2002, Opinion Delivered
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Overview: Insurer could not void life insurance policy because it did not prove, pursuant to statute, that misrepresentation by decedent about health was material to its acceptance of risk or it would have issued policy had it known true facts.

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Cook v. Comm'n ALCOA, CA01-656, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 13, 2002, Decided
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Overview: Workers' compensation commission erroneously declined to consider employee's argument that his employer should have been estopped from relying on a statute of limitations defense to his claim for disability benefits.

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Dickerson v. Baxter County, CA01-575, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 13, 2002, Decided
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Overview: Workers' compensation commission properly determined employee's back surgery was not reasonably necessary medical treatment for his compensable injury as there was no pathology resulting from injury that required surgical intervention.

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Duckworth v. State, CACR 01-572, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 13, 2002, Decided
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Overview: Trial court properly denied defendant's motion for continuance where he had sufficient information to conduct his own investigation and discover the same information that was revealed by victim regarding additional witness.

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Dworshak v. State, CACR01-604, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 13, 2002, Decided
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Overview: Evidence was sufficient to sustain battery conviction; statement by a child to a police officer was not admissible as an excited utterance exception to the hearsay rule as it was not made under the stress of excitement caused by a beating.

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Ebbert v. State, CACR01-00913, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 13, 2002, Decided
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Overview: Trial court lacked subject-matter jurisdiction to revoke defendant's probation once a valid sentence was put into execution.

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Farmers Home Mut. v. Bank of Pocahontas, CA01-712, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 13, 2002, Decided
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Overview: Appellate court remanded appeal from judgment enforcing fire insurance coverage where the insurer failed to abstract key pieces of evidence for appellate review to granted it the opportunity for supplementation of the abstract.

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Haskins v. Morrow, CA01-297, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 13, 2002, Decided
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Overview: Trial court properly denied victim's motion for new trial where jury's verdict was clearly not against preponderance of evidence or contrary to law, and where evidence suggested she failed to exercise ordinary care while driving.

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Jackson v. Delis, CA 01-735, COURT OF APPEALS OF ARKANSAS, February 13, 2002, Opinion delivered
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Overview: Trial court's order of dismissal of one defendant did not constitute a final judgment where claims against another defendant remained pending; thus, the appellate court lacked jurisdiction as the order was not certified as a final judgment.

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Poinsett County Sheriff's Dep't v. O'Brien, CA 01-739, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 13, 2002, Decided
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Overview: Workers' compensation commission disability rating was supported by the unrebutted testimony of the claimant's pain specialist and the commission reasonably found that claimant's injuries and complications were the major cause of his disability.

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