Arkansas, January, 2004, State Case law

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State Courts - Arkansas - January 28, 2004

Ark. Mech. Servs. v. Jarrett, CA03-340, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 28, 2004, Decided
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Overview: Judgment was properly entered in favor of a contractor's customer, where the contractor breached a duty to monitor the glycol level in an air-conditioning cooling tower and to notify the customer of its findings, causing the unit to break down.

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Cassidy v. Ark. Dep't of Human Servs., CA03-582, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 28, 2004, Decided
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Overview: Grandmother never filed a timely notice of appeal after her motion to intervene in termination proceeding was denied. Grandmother failed to properly serve ADHS with adoption petition and ADHS had not unreasonably withheld consent to adoption.

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Dooley v. Automated Conveyor Sys., CA 03-459, COURT OF APPEALS OF ARKANSAS, DIVISIONS TWO AND THREE, January 28, 2004, Opinion Delivered
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Overview: In a workers' compensation case, medical expenses that were paid directly to a medical provider by employer and its carrier were paid on behalf of claimant and, thus, claimant's workers' compensation benefits were properly reduced dollar-for-dollar.

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Eason v. State, CACR03-150, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 28, 2004, Decided
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Overview: Officer labeled evidence bag containing "eight ball" as 3.25 grams, but State chemist weighed same as 2.397 grams. Defendant's challenge to chain of custody was rejected, as testimony explained discrepancy, and identification numbers were consistent.

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McKinney v. Trane Co., CA 03-742, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 28, 2004, Opinion Delivered
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Overview: Employee's jump and landing, which caused an injury to his knee, did not occur at a time when he was performing employment services, but when he was about to take a paid break. Therefore, he was properly denied workers' compensation benefits.

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Moore v. State, CACR03-488, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 28, 2004, Decided
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Overview: The trial court properly denied defendant a lesser-included offense jury instruction, because, although false imprisonment bore a lesser-culpable mental state than kidnapping, false imprisonment required proof of two more elements than kidnapping.

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Non-Profit Telemedia, Inc. v. Clark, CA03-306, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 28, 2004, Decided
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Overview: The corporations waived any argument that the individual failed to properly raise the issue of quantum meruit, but the trial court erred in granting judgment in favor of the individual without allowing the corporations to present their case.

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Olsen v. E. End Sch. Dist., CA 03-559, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 28, 2004, Opinion Delivered
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Overview: School district's decision not to renew principal's contract did not violate Teacher Fair Dismissal Act because district was not required to have a reduction-in-force policy in place and consideration of future school reorganization was not improper.

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Owens v. State, CACR03-534, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 28, 2004, Decided
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Overview: The evidence was sufficient to support defendant's battery in the third degree conviction, and the trier of fact was free to believe all or part of any witness testimony and to resolve questions of conflicting testimony and inconsistent evidence.

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Perry v. Ark. Dep't of Human Servs., CA03-41, COURT OF APPEALS OF ARKANSAS, January 28, 2004, Decided
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Overview: In mother's appeal of termination of parental rights, judgment was affirmed; there was a substantial amount of evidence concerning best interest of the children and the mother's failure to remedy the conditions that caused the children's removal.

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