RECENT AND NOTABLE CASES

To review details about each of our recent and notable cases, hover or click on the case name below.

HERBERT BREWER ESTATE V. JAK, INC. AND ALLEN W. KING, INC.

Wrongful death claim for 62-year-old farm tractor driver when hit from behind by 18 wheeler while driving tractor on 2 lane state highway resulting in instant death. Pre-suit confidential settlement for policy limits of trucking company in 2011. Recovered funeral expenses, wage loss benefits for 52 weeks, $5,000 accidental death benefits and $25,000 underinsured motorist benefits from client's automobile insurance company. Deceased survived by wife, one adult son, six brothers and one sister.

DIANE WALKER V. JERRY LIPPS TRUCKING, INC.; U.S.D.C.,

Jonesboro Division, No. 3:08CV00165-: $750,000 settlement day before trial for 50-year-old Indiana lady injured when sideswiped by an 18 wheeler on I-55 north of West Memphis. Client while in the inside lane drove into smoke across the roadway and could not see. She pulled onto the inside shoulder and median and stopped where she was hit. Five days later upon return to her home sought medical attention for neck. Underwent conservative treatment, injections, massage therapy and pain medication for 8 months before cervical fusion with metal fixation was done. Two years later a nerve stimulator was implanted jacking medical expenses to over $200,000. Extensive use of color medical illustrations and blowups of color x-rays showing metal screws and braces.

ROBERT COLEMAN VS. COWAN SYSTEMS, INC., U.S.D.C.

Eastern Ark, Jonesboro Division # 3:05CV00113(GTE). 48 yr. Old rigger (moves and hauls oversize and heavy objects) rear-ended while stopped for traffic on I-55 near Miss. River bridge by an 18-wheeler. Sought ER treatment that day for neck, shoulder and back pain. After several months of conservative treatment, referred to a neurosurgeon who diagnosed a HNP @ L4-5. Surgery several months later with fusion and placement of rods and screws. See Trial Exhibits section. Actual medical expenses (after discounts and adjustments) of $64,700. Continued to receive his salary, as he was part owner of rigging company with his brother and sister until few months before case was settled during mediation for $495,000 in 2006. Vocational expert estimated future wage loss due to work restrictions around $600,000. Defense vocational expert felt plaintiff could return to similar work which was available in the local area.

KENNETH RODGERS, M.D. v. LUKER, et al

Greene Cty Circuit #01-136. 42 year-old ER physician injured in MVA sustained fractured acetabulum with open reduction and screw fixation. Settled for policy limits of $300,000 plus $100,000 underinsured. During hospitalization physical therapist allowed leg to fall resulting in the fractured hip joint being dislocated and screws out of place. Orthopedic ordered x-ray which revealed a dislocated hip but radiologist did not notify orthopedic who left town for 5 days and his partner did not review chart to determine an x-ray was ordered. No report was in chart and hip was untreated until orthopedic returned 6 days later. Second surgery required metal brace with 9 fixation screws, hip joint became infected resulting in loss of head of femur and ultimately a total hip replacement - Suit against orthopedist, radiologist, physical therapist and hospital resulted in a confidential settlement in 2004.

DAVIS v. INSURANCE CO. OF HANNOVER

Craighead City Circuit #03-354. 75 year-old self-employed heat and air technician using customer's extension ladder to work on top of 10 ft high room. Third day of use, ladder slipped out from under him as he began descent, falling 10 ft to concrete floor below. Jury verdict of $297,000 for OSHA violations in not having ladder tied in place. Suit was against insurance company of immune gov't entity.

HILL V. DOE M.D., U.S.D.C JONESBORO DIVISION.

Jan. 2002, $600,000 settlement for newborn with bilateral hip dislocations which were untreated for over 11 months even though radiologist recommended referral to orthopedic specialist. Repeated surgical procedures to correct problems which could have been avoided with use of a brace known as a pavick harness within 5 or 6 months of birth. Structured amounts for child will pay over $2.7 million during her natural lifetime.

HALL V. E-TON

July 2002, $200,000 jury verdict against 4-wheeler ATV manufacturer for defective chain guard causing loss of toes to a nearly 3 year old riding barefoot with her father.

HUDSON V. DOE M.D.,

Suit against OB-GYN for artificial induction of labor in 32 week normal pregnancy, resulting in a premature infant with respiratory distress. Child, now 3 years old, with no permanent effects except for infrequent asthma-like incidents. (Confidential settlement, Sept. 2002)

KENNEDY V. BAPTIST MEMORIAL HOSPITAL AND WEIXELMAN CNM

Suit against a nurse midwife and hospital for brachial plexis injury (Erb's palsy) sustained during childbirth. Child 3 years of age at time of Nov. 2002, settlement for $410,000 with structured portion paying over $3 million during his natural lifetime.

PACE V. BAKER, CRAIGHEAD COUNTY LAKE CITY CIRCUIT #98-25

Jury verdict of $2.2 million in 1999 for injuries sustained by 48 year old driver of pickup truck hit when a cotton module truck ran through a stop sign at an intersection. Nine days hospitalization for fractures to left hip ball and socket, ankle, ulna and tibia plateau. Medical expenses of $81,000. Defendant's insurance company paid lost wages of $5,400 to client who as vice president of a bank was making $12,000 more a year at time of trial than when collision occurred in 1996.

LOYA COLE, ESTATE V. NUCOR YAMATO STEEL MILL

1998, Wrongful death claim for 58 year old male doing maintenance work. $750,000 pre-suit settlement by providing economic loss evaluation and extensive settlement notebook with photos documenting liability of steel company's employee.

W.O. HULETT V. HARRIS HOSPITAL

Jackson Cty Circuit #91 - 70 year old male seen in ER with chest pains, diagnosed as having a heart attack, given clot busting drug (Activase); pain subsided but began having seizures next day due to brain hemorrhage from given Activase in too short a time period (Confidential settlement 1993)

SUMMERS V. BAPTIST MEDICAL CTR – ARKADELPHIA

69 F.3d 902 (8th Cir. E.D. Ark.). EMTALA case requiring hospitals to develop screening procedures for emergency room treatment and apply them uniformly to all patients. 11 PNLR 28. Reported in Lawyers Weekly USA 12-18-95.

BILLY DAVIS, ESTATE V. EMERGENCY CARE SPECIALISTS AND ENRIQUE GUILERMO, M.D.,

U.S.D.C. Helena Division No. H-C 96-130. Medical malpractice wrongful death action for failure of ER physician to diagnose heart attack in 59 year old male presenting with chest pains and sweating (Confidential settlement 1998)

M.B.M. CO., INC. V. COUNCE, 596 S.W.2D 681 (1980).

Case of first impression in Arkansas allowing recovery for intentional infliction of emotional distress. 23 ATLA L. Rep. 292.