Arkansas, April, 2003, State Case law

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State Courts - Arkansas - April 30, 2003

Miller v. Hometown Propane Gas, Inc., CA 02-1044, COURT OF APPEALS OF ARKANSAS, April 30, 2003, Opinion Delivered
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Overview: In a homeowner's appeal from judgment in a negligence action against a gas company, she improperly included in her addendum and abstract materials irrelevant to the points on appeal; hence, she was ordered to remove the irrelevant materials.

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Newberg v. Next Level Events, Inc., CA 02-997, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 30, 2003, Opinion Delivered
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Overview: Summary judgment was improper where a reception guest fell on a slippery spot on the floor of the owner's property and there was a question as to whether the owner's failure to follow the floor wax product instructions caused the guests fall.

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Parker-Blanton v. Pine Wood Nursing Home, CA02-1086, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 30, 2003, Decided
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Overview: Substantial evidence supported the Arkansas Workers' Compensation Commission's decision denying a claim for additional medical expenses; the claimant failed to prove that any additional medical services were reasonably necessary.

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Polk v. State, CACR02-627, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 30, 2003, Decided
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Overview: Officer's observations at an accident scene were a sufficient basis to allow the officer to testify as to defendant's speed based on a computer program. Any error in admitting officer's opinion was harmless, as defendant admitted she was DWI.

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Powell v. Powell, CA 02-133, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND TWO, April 30, 2003, Opinion Delivered
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Overview: A finding against the wife in a marital property division case was proper, where she deposited funds into a joint account and where she regarded their property to have been jointly held during the marriage.

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Reeves v. Arnold, CA02-457, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 30, 2003, Decided
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Overview: Dismissal of the lessees' action against the lessors was improperly denied on the grounds of res judicata, as no final judgment was entered on the matter with respect to that part of the divorce action that related to the landlord/tenant dispute.

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Robinson v. State, CACR02-558, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 30, 2003, Decided
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Overview: Where defendant failed to raise his challenge before the trial court to the State's amended information to include an enhanced penalty, defendant failed to preserve his argument for appellate review.

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Searcy Indus. Laundry, Inc. v. Ferren, CA 02-511, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND TWO, April 30, 2003, Opinion Delivered
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Overview: A finding in favor of the employee in a workers' compensation action was proper, where the evidence indicated that the employee sustained a compensable neck injury in addition to her compensable low-back injury.

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Simpson v. State, CACR02-963, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 30, 2003, Decided
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Overview: Trial court erred in refusing to admit opinion testimony of an eye-witness that shooting was accidental; testimony would have been helpful to determination of fact in issue, whether defendant committed first-degree murder or lesser-included offense.

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Small v. Small, CA 02-824, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 30, 2003, Decided
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Overview: Probate court erred in placing the burden on widow to show that decedent was competent and not acting under undue influence at the time he executed his will; evidence did not support conclusion that widow procured the will in its technical sense.

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