ROBIN F. WYNNE, Judge. Vasundara and Vijay Varadan appeal from the Washington County Circuit Court's order granting summary judgment to appellee Tom Pagnozzi. They contend that the trial court erred in applying the statute of repose for construction defects to their claims regarding the house they purchased from appellee, rather than the statute of limitations for breach of warranty or the statute of limitations under the Arkansas Deceptive Trade Practices Act (DTPA). We affirm. In November...
JOHN MAUZY PITTMAN, Judge. This is an appeal from an order dismissing a lawsuit filed by appellant River Cities Aviation, Inc., and its principals seeking to enforce the renewal provision of a written lease executed by the North Little Rock Airport Commission and the corporation. The trial court granted a motion to dismiss, finding that appellants Ralph and June Van Cleve did not have standing because they were not parties to the original lease agreement; that the lease expired in February...
DAVID M. GLOVER, Judge. Charles Harris and his employer, Gross & Janes Co. (collectively, Gross), appeal from a jury verdict awarding appellee Cedric Brooks damages for injuries he suffered in an automobile accident. In four points, Gross argues that the circuit court erred in allowing the introduction of certain evidence concerning Brooks's claims for future medical expenses, loss of earning capacity, and his need for in-home-care expenses, in denying its motion for directed verdict on those...
JOHN MAUZY PITTMAN, Judge. Appellant Michael Gartman sustained injuries when the Ford truck he was driving left the highway, crashed, and caught fire. Gartman's passenger, Rebecca Kutait, did not survive the accident. In 2007, Gartman and appellant Kemal Kutait, Rebecca's father, sued the truck's manufacturer, appellee Ford Motor Company (Ford), and the truck's seller, appellee Crain Ford Lincoln Mercury (Crain), asserting theories of strict liability, negligence, breach of warranty,...
ROBERT J. GLADWIN, Judge. This appeal involves the defense of charitable immunity raised by the operator of a nursing home, appellee Arkansas Elder Outreach of Little Rock, Inc. (AEO). Ann Carnell, special administrator of the estate of William Mason, brings this appeal from the entry of summary judgments for AEO, Healthcare Financial Advisors, LLC (HC Financial), and Charlotte Baskins, the administrator of the nursing home, Willowbend at Marion, Arkansas. We affirm the summary judgments for...
RITA W. GRUBER, Judge. Robert Marshall and Karri Marshall appeal the circuit court's order of summary judgment in favor of appellee, Turman Construction Corporation, in which the court found that the statute of limitations barred appellants' claim for negligent construction of the foundation for a house. Appellants argue that the court erred by applying the three-year limitations period of Ark. Code Ann. 16-56-105 (Repl. 2005) rather than the five-year limitations period of Ark. Code Ann....
ROBIN F. WYNNE, Judge. Betty Boykin has filed a pro se appeal from the Arkansas Workers' Compensation Commission's opinion finding that she failed to prove that she sustained any permanent anatomical impairment as a result of her compensable injuries. Because of substantial deficiencies in appellant's brief, we must order rebriefing. First, the abstract is entirely in question-and-answer format. Arkansas Supreme Court Rule 4-2(a)(5)(B) (2012) provides that the question-and-answer format shall...
ROBERT J. GLADWIN, Judge. This is an appeal from an order terminating appellant Alexander Thornton's rights to his two minor children, N.W. and A.W. 1 Mr. Thornton argues that the circuit court erred in terminating his parental rights because there was insufficient evidence to demonstrate that the Arkansas Department of Human Services (DHS) made meaningful efforts to assist him in reunification with his minor children. We affirm. The record shows that the initial removal by DHS of N.W. from...
RITA W. GRUBER, Judge. Appellant Tyrone Tate was convicted by a jury of first-degree murder, for which he was sentenced to forty years' imprisonment. He was also sentenced to fifteen years' imprisonment for a firearm enhancement. On appeal, appellant argues that there was insufficient evidence to support his conviction. We disagree and affirm. When the sufficiency of the evidence is challenged, we consider only the evidence that supports the verdict, viewing the evidence in the light most...
LARRY D. VAUGHT, Chief Judge. On January 10, 2012, in an amended disposition order, the juvenile division of the Circuit Court of Little River County found allegations of second-degree battery, a Class D felony, against L.C. to be true. The trial court committed L.C. to the Division of Youth Services (DYS), sentenced her to serve probation until her eighteenth birthday, and ordered her to pay restitution and court costs. On appeal, L.C. argues that: (1) the trial court erred in denying her...
DAVID M. GLOVER, Judge. St. Edward Mercy Medical Center and its carrier, Sister of Mercy Health System, appeal from the Workers' Compensation Commission's decision, which found that Jimmie Howard was entitled to additional medical services related to his admittedly compensable work injury and temporary-total disability benefits from November 16, 2010, through February 7, 2011, without any off-set for vacation pay. We affirm. Background The basic facts of this case are essentially undisputed,...
DOUG MARTIN, Judge. Appellee Discover Bank filed a complaint in Pulaski County Circuit Court against appellant Deborah Dobbs on July 11, 2011, alleging that Dobbs had a past-due balance of $13,216.11 on her Discover Card account. The complaint was served on Dobbs on July 25, 2011. Dobbs filed her answer on August 9, 2011, generally denying the allegations in the complaint and affirmatively stating, among other things, that the summons was defective and defectively served so that the case...
WAYMOND M. BROWN, Judge. On February 3, 2010, appellant Lorna Brown suffered an admittedly compensable injury to her right elbow while working for appellee Cobb Vantress-Tyson. Appellant subsequently alleged that she suffered a compensable cervical-spine injury either on December 27, 2009, or on February 3, 2010. She now appeals the March 15, 2012 decision of the Workers' Compensation Commission, which affirmed and adopted the Administrative Law Judge's determination that Brown failed to prove...
WAYMOND M. BROWN, Judge. Appellant Sidney Bradbury's parental rights to D.D. (DOB 6/13/08) and C.B. (DOB 4/18/11) were terminated by order filed on May 14, 2012, in Garland County Circuit Court. On appeal he argues that the circuit court's termination of his parental rights should be reversed because there was insufficient evidence that he abandoned D.D. He further argues that, based on evidence that D.D. and C.B. should be kept together, the termination of his parental rights as to C.B....
WAYMOND M. BROWN, Judge. Appellant Shannon Woodson appeals the denial of his motion to set aside the May 19, 2011 order of the Cleburne County Circuit Court, granting appellee Sandra Woodson all of the stock in a marital business, Makar, Inc., and requiring her to pay appellant $31,839.00 for his interest. 1 A hearing concerning the parties' interest in Makar took place on May 19, 2011. Neither appellant nor his counsel were present at the hearing. Appellant subsequently received and cashed a...
ROBIN F. WYNNE, Judge. This is a property case in which appellants sued the City of Bald Knob, Arkansas, and the lessors of mineral rights to property on which Bald Knob Lake is located. The circuit court granted appellees' motions for summary judgment. Appellants later filed a motion to dismiss their remaining claims with prejudice, which the court denied as moot based on its finding that its previous order and judgment was a final, appealable order disposing of all appellants' claims. We...
RITA W. GRUBER, Judge. This case arises from a complaint filed by appellee Dan Harbison against appellant Jan Henderson for breach of contract. Appellant filed counterclaims for negligence and breach of warranty. At the close of the evidence in a jury trial, the circuit court granted appellee's motion for directed verdict on appellant's counterclaims. The jury then returned a verdict in favor of appellant on appellee's complaint. Appellant appeals from the court's determination granting...
ROBIN F. WYNNE, Judge. Myrtle Stevens appeals from an order of partial summary judgment denying her claim to the mineral rights in a forty-acre plot in Van Buren County. Because the order is not final, we dismiss the appeal. Stevens claimed ownership of the mineral rights through a 1947 deed to her father and subsequent deeds to her. In 2006, she obtained a court order quieting title in her to the forty acres and its minerals. The fifteen individual appellees herein ("the Hall heirs") and...
JOHN MAUZY PITTMAN, Judge. Appellant, Crystal Larry, was employed as a certified nurse's assistant by appellee, Legacy Hospice, when she sustained a compensable back injury on August 5, 2010. She was provided medical treatment. Subsequently, she filed a claim for additional benefits based on a seven-percent anatomical-impairment rating assigned by her family doctor. After a hearing, the Commission denied benefits, finding that appellant had failed to prove that she sustained a work-related...
WAYMOND M. BROWN, Judge. Appellant Tommy Kimble appeals the Workers' Compensation Commission's decision that found that he failed to prove by a preponderance of the evidence that he suffered a compensable heart attack while working for appellee Hino Motors. Kimble argues on appeal that the Commission's decision is not supported by the evidence. We affirm. 1 In appeals involving claims for workers' compensation, this court views the evidence and all reasonable inferences deducible therefrom...
