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| Ludwig v. Bella Casa, LLC, No. CA08-1139,
COURT OF APPEALS OF ARKANSAS, April 29, 2009, Opinion Delivered
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Overview: Appellees were granted leave to supplement the record and to file a supplemental abstract because the arguments were not designated with sufficient clarity to put appellees on notice that the additional parts of the record sought should have been designated by them pursuant to Ark. R. App. P. Civ. 6(b).
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| Meeks v. Horn, No. CA 08-1171,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 29, 2009, Opinion Delivered
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Overview: Order directing a neighbor to pay double damages under Ark. Code Ann. ¿ 15-32-301 (2003) due to the improper cutting and harvesting of timber on the property of another by two men hired by the neighbor was affirmed because there was evidence upon which the trial court could find that the neighbor directed or acquiesced in having wrong timber cut.
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| Sams v. Crabtree Rv Ctr., Inc., No. CA08-1304,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 29, 2009, Opinion Delivered
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Overview: Where the employee fell in 2004, his doctor released him to work; the employee began complaining of pain again in 2005 and underwent surgery to repair his right-side ruptured disc. He was not entitled additional medical benefits under Ark. Code Ann. ¿ 11-9-508(a), as he failed to prove that the surgery was reasonably necessary for his 2004 injury.
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| Seal v. Ryder Integrated Servs., No. CA08-1345,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 29, 2009, Opinion Delivered
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Overview: Employee's claim for additional workers' compensation benefits for right shoulder injury was properly dismissed because fair-minded persons could reach the same conclusion concerning both recurrence and aggravation; the evidence did not establish that the injury for which a physician recommended surgery arose out of or in the course of employment.
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| Smith v. Wal-Mart Assocs., No. CA 08-1467,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 29, 2009, Opinion Delivered
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Overview: There was substantial evidence to support denial of employee's request for workers' compensation benefits including, that employee was required to park in white-lined space and that employee parked in yellow-lined space, and thus, employee was not performing employment services at time of injury under Ark. Code Ann. ¿ 11-9-102 (Supp. 2007).
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| Sparacio v. State, No. CACR07-1025,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 29, 2009, Opinion Delivered
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Overview: Evidence, including victim's testimony of acts committed by defendant, testimony from victim's sister under pedophile exception to Ark. Evid. R. 404(b), and defendant's confession to law enforcement, was sufficient to convict defendant of two counts of rape under Ark. Code Ann. ¿ 5-14-103(a)(3)(A) (2006).
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| W.K. v. State, No. CA08-913,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 29, 2009, Opinion Delivered
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Overview: Where defendant's eleven-year-old cousin testified that he sexually penetrated on her two occasions and he forced her to perform oral sex, the evidence was sufficient to sustain his adjudication of delinquency for committing three counts of rape in violation of Ark. Code Ann. ¿ 5-14-103(a)(3)(A).
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| Warner v. State, No. CACR 08-1218,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 29, 2009, Opinion Delivered
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Overview: There was substantial evidence to support a jury's conclusion that defendant committed commercial burglary, under Ark. Code Ann. ¿ 5-39-201(b)(1), because defendant's possession of cigarettes and beer, which were recently stolen from the commercial premises, were not satisfactorily explained to a jury and were sufficient to support the conviction.
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