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State Courts -
Arkansas - June 1, 2005
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Rose Care, Inc. v. Ross, CA04-744,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, June 1, 2005, Opinion delivered
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Overview: In a medical malpractice case, an expert's opinion did not fail to establish a link between the facility's conduct and the injuries, Ark. Code Ann. ? 16-114-206, where, although the expert did not testify that the lack of care "proximately caused" the injuries, there was no requirement of specific "magic words" with respect to expert opinion.
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Walls v. Ark. Dep't of Human Servs., CA 04-481,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, June 1, 2005, Decided
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Overview: Court properly terminated a mother's parental rights, Ark. Code Ann. ? 9-27-341, where an investigator watched a seven-year-old child trying to cross the highway and almost get hit by a car and observed broken glass, dirt, trash, and opened cans with jagged edges strewn about in the bedroom, which had mattresses on the floor and broken windows.
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Wooley v. Planter's Cotton Oil Mill, Inc., CA 04-955,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 1, 2005, Opinion delivered
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Overview: Trial court did not err in denying wife's motion for revivor under Ark. Code Ann. ?? 16-62-105, 16-62-108, and 16-62-109 where wife did not request order of revivor in her amended complaint and corporation did not waive its right to object to the revivor. Wrongful-death action was derivative of underlying tort action, which was no longer preserved.
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