Arkansas, February, 2007, State Case law

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State Courts - Arkansas - February 21, 2007

Audrianna Grisham, P.A. v. City of Eng., CA 06-514, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 21, 2007, Decided
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Brady v. Perdue, CA06-431, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 21, 2007, Decided
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Overview: Adverse users established that their use of a private road continued openly for more than seven years after landowners knew that their use was adverse to landowners' interests. Landowners failed to disprove that dispositive issue. Thus, adverse users were entitled to prescriptive easement in the private road, and they were granted summary judgment.

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Burton v. Hankins, CA06-411, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 21, 2007, Decided
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Overview: A circuit court properly upheld a county court order denying appellants' suit to establish a private roadway across appellees' land under Ark. Code Ann. ?? 27-66-401 to -404 where appellants were interested in selling the property to a hunting club, thereby increasing the burden to appellees in the number of people driving over appellees' lands.

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Cobble v. Ayers Drywall, Inc., CA 06-854, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 21, 2007, Decided
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Overview: Employee's claim for wage-loss benefits was properly denied pursuant to Ark. Code Ann. ? 11-9-505(b)(3) where vocational counselor, whose testimony was deemed credible, was convinced that he had no real impetus to want to return to full-time employment. The counselor was convinced that he did not want to move forward with job placement assistance.

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Culbreath v. Summerfield, CA06-623, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 21, 2007, Decided
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Overview: Judgment was properly awarded to a homeowner in his breach of contract action against a contractor because the trial court did not err in not continuing the trial under Ark. R. Civ. P. 40(b); there was no proof that anyone in the clerk's office received a telephone call from the contractor stating that his car had broken down on the day of trial.

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Evans v. Woodard, CA06-329, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 21, 2007, Decided
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Overview: Summary judgment was properly awarded to appellee in appellant's suit alleging that he was assaulted and robbed where one-year statute of limitations in Ark. Code Ann. ? 16-56-104(2) barred suit. Appellant failed to produce any convincing argument for his proposition that robbery should be classified as injury to property and not intentional tort.

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Ivers v. Ark. Dep't of Human Servs., CA05-1281 & CA06-137, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 21, 2007, Decided
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Overview: Court erred in terminating a father's parental rights, Ark. Code Ann. ? 9-27-34, because the father demonstrated commendable resolve in seeking to remedy his drug problem, at all times since the State was involved the father had not been found to have drugs in his system, and there was no evidence that his drug treatment would not be successful.

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Lee v. Young, CA06-509, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 21, 2007, Decided
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Overview: Although res judicata did not apply, a father was not ordered to pay a mother back child support since there was no enforceable order for such after 1993; a 1993 order required the father to report back on a certain date with his income in order to set child support, but that was never enforced.

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Lewis v. Auto Parts & Tire Co., CA06-659, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 21, 2007, Decided
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Overview: Arkansas Workers' Compensation Commission erred in holding that, pursuant to Ark. Code Ann. ? 11-9-522(f)(1), Arkansas Second Injury Fund was only liable for permanent total disability benefits until employee turned 65 where ? 11-9-522(f) was unconstitutional violation of Equal Protection Clause of the U.S. Constitution and Ark. Const. art. 2, ? 3.

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Long v. Wal-Mart Stores, Inc., CA06-401, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 21, 2007, Decided
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Overview: Substantial evidence supported Workers' Compensation Commission's denial of benefits because it was undisputed that claimant suffered from chronic back pain since 1997 and his treating physician did not indicate any work-related accident or injury when examining claimant two days after alleged work-related incident in September 2003.

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