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DAVIS v. OLD DOMINION FREIGHT LINE, 4:13-cv-589-DPM. (2016)

Court: District Court, E.D. Arkansas Number: infdco20160127b95 Visitors: 3
Filed: Jan. 04, 2016
Latest Update: Jan. 04, 2016
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . The Court appreciates and commends the parties' agreed proposed statement of the case. The Court has made a few edits for clarity, which are noted on the attachment. The Court will use the revised statement in voir dire and in the jury's preliminary instructions. So Ordered. IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CARLA LEWIS BY AND THROUGH HER GUARDIAN. KATHERINE DAVIS
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ORDER

The Court appreciates and commends the parties' agreed proposed statement of the case. The Court has made a few edits for clarity, which are noted on the attachment. The Court will use the revised statement in voir dire and in the jury's preliminary instructions.

So Ordered.

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CARLA LEWIS BY AND THROUGH HER GUARDIAN. KATHERINE DAVIS PLAINTIFF V. NO. 4:13CV-0589-DPM OLD DOMINION FREIGHT LINE, INC. AND MELVIN HOWZE DEFENDANTS

AGREED PROPOSED STATEMENT OF THE CASE

This case involves an auto accident which occurred on westbound Interstate 30 in Benton, Arkansas, on November 25, 2012, at approximately 8:43 p.m. Carla Lewis was driving a 2003 Dodge Durango, accompanied by passenger Christina Jones, traveling to Hot Springs, Arkansas. In this lawsuit, Katherine Davis, as Guardian of Carla Lewis, alleges Ms. Lewis became incapacitated while driving, and as a result, her vehicle was stopped in the center lane of westbound Interstate 30. The passenger, Ms. Jones, fled the Durango, while Ms. Lewis remained inside. After which, a pickup truck made contact with the passenger side of the Lewis vehicle. Melvin "Keith" Howze, operating a tractor-trailer on behalf of Old Dominion Freight Live, was also traveling westbound on Interstate 30 alongside other traffic. Sometime after the first impact from the pickup truck, Mr. Howze struck the Durango from the rear. Ms. Davis claims that Mr. Howze was negligent and that he and old Dominion, his employer, are liable for any damages incurred by Carla Lewis as a result of the accident. Ms. Howze and old Dominion deny that Mr. Howze was negligent, and deny liability for any of the damages sought by Ms. Davis for Ms. Lewis.

Source:  Leagle

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