Minutes of The s3

MINUTES OF THE

ARKANSAS STATE CLAIMS COMMISSION

August 13 & 14, 2009

On August 13 & 14, 2009, the Commission held it’s hearing hearings were held in the Commission’s Office in Suite 410 of the Main Street Mall Building, 101 E. Capitol Ave, Ste. 410, Little Rock, Arkansas.

August 13 th Richard Mays, Co-Chair Pat Moran, Commissioner Steven Arnold, Commissioner

August 14 th Pat Moran, Co-Chair Bill Lancaster, Commissioner Melinda Pyle, Commissioner

Thursday, August 13 th

(09-0875-CC) James Walls vs. AHTD. This claim filed for personal injury, pain and suffering and negligence in an unspecified amount was unanimously awarded in the amount of $5,000.00 for “pain and suffering.”

Attorneys: McMath Woods, for Claimant David Dawson, for Respondent

(09-0876-CC) Wanda Walls vs. AHTD. This claim filed for personal injury, pain and suffering and negligence in an unspecified amount was unanimously awarded in the amount of $100,000.00 for “pain and suffering.”

Attorneys: McMath Woods, for Claimant David Dawson, for Respondent

(09-0551-CC) Margie Brown vs. SAU. This claim filed for personal injury and pain and suffering in the amount of $10,000.00 was unanimously denied and dismissed for the Claimant’s failure to prove by a preponderance any negligence on the part of the Respondent.

Attorneys: Pro se, for Claimant Ashley Argo-Priest, for Respondent

Friday, August 14 th

(09-0817-CC) Rozine Cooper vs. ASP. This claim filed for property damage in the amount of $545.00 was unanimously denied and dismissed for the Claimants failure to appear and prosecute claim.

Attorneys: Pro se for Claimant Ken Stoll, for Respondent (09-0911-CC) Toni Abbott vs. SOA. This claim filed for death benefits in the amount of $25,000.00 was unanimously awarded in the amount of $50,000.00 following an admission of liability and a recommendation of payment by the Respondent.

Attorneys: Keith Wren, for Claimant Ashley Argo-Priest, for Respondent

(09-0626-CC) Triple S Spraybays vs. AHTD. This claim filed for loss of profit in the amount of $152,000.00 was unanimously denied and dismissed for the Claimant’s failure to prove by a preponderance of the evidence any liability on the part of the Respondent.

Attorneys: Stephen Niswanger, for Claimant David Dawson, for Respondent

(09-0626-CC) Willie Smith & Co. vs. AHTD. This claim filed for loss of profit in the amount of $152,000.00 was unanimously denied and dismissed for the Claimant’s failure to prove by a preponderance of the evidence any liability on the part of the Respondent.

Attorneys: Stephen Niswanger, for Claimant David Dawson, for Respondent

(09-0498-CC) Joey Neal vs. AHTD. This claim filed for personal injury and pain and suffering the amount of $100,000.00 was awarded in the amount of $20,000.00

Attorneys: Paul James, for Claimant David Dawson, for Respondent

(09-0508-CC) Ricky Ivy, Jr. vs. DHS/CSE. This claim filed for refund of expenses in an unspecified amount was denied and dismissed by the Claims Commission majority for the Claimant’s failure to prove by a preponderance of the evidence any liability on the part of the Respondent.

Attorneys: Tom Thompson, for Claimant Kay Demaily, for Respondent

COMMISSION’S DECISIONS MADE ON PREVIOUSLY HEARD CLAIMS

Wesley Yandell vs. ASP. This claim filed for personal injury, pain and suffering and negligence in the amount of $7,500,000.00 was unanimously awarded in the amount of $750,000.00.

Sally Bryan vs. DHS/CFS. This claim filed for wrongful termination in the amount of $38,213.68 was unanimously denied and dismissed for the Claimant’s failure to prove by preponderance any liability on the part of the Respondent.

COMMISSION’S RULINGS ON OUT OF DATE/FORGED WARRANTS

COMMISSION’S CONSIDERATION OF MOTIONS FILED SINCE PREVIOUS MEETING

(09-0635-CC) Shondrica Bonner. vs. AHTD. In this claim filed for personal injury in the amount of $5,500.00, the Claims Commission unanimously denied and dismissed the “Motion to Dismiss” filed by the Respondent, as the Claimant has complied with the information requested in the Respondent’s “Request for Production of Document.”

(10-0017-CC) Alex Ware, #119360 vs. DOC. In this claim filed for loss of property in the amount of $37.00 the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent, for the reasons contained therein.

(10-0020-CC) Quentin Marshall, #135539 vs. DOC. In this claim filed for loss of property in the amount of $534.68 the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent, for the reasons contained therein and the Claimant’s failure to respond.

(09-0778-CC) Morris Koontz, #115260 vs. DOC. In this claim filed for failure to follow procedures in the amount of $10,000.00 the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent, for the reasons contained therein and the Claimant’s failure to respond.

(09-0841-CC) Daniel Moving & Storage vs. UAF. In this claim filed for unpaid bills in the amount of $11,973.99 the Claims Commission unanimously denied the “Motion to Dismiss” filed by the Respondent.

(09-0936-CC) Jeffery Brown, #080026 vs. DOC. In this claim filed for failure to follow procedures in the amount of $1,400.00 the Claims Commission unanimously denied the “Motion to Dismiss” filed by the Respondent.

(09-0932-CC) Dorris & Bobbie Pitts, Jr. vs. DHS/CFS. In this claim filed for wrongful death, negligence, mental anguish and pain and suffering in an unspecified amount, the Claims Commission unanimously denied the “Motion to Dismiss” filed by the Respondent.

CONTROVERSIAL/NON - CONTROVERSIAL CLAIMS ALLOWED (SEE ATTACHED PAGES 49/FY)

CONTROVERSIAL & NON - CONTROVERSIAL CLAIMS/AGENCY ORDERED TO PAY (SEE ATTACHED PAGE 51/FY)

CONTROVERSIAL & NON - CONTROVERSIAL CLAIMS/DENIED &/OR DISMISSED (SEE ATTACHED PAGE 52/FY) This completed all the business on the August 13, & 14, 2009, State Claims Commission Docket.

______Richard Mays, Co-Chair

______Pat Moran, Co-Chair

______Steven Arnold, Commissioner

______Melinda Pyle, Commissioner

______Bill Lancaster, Commissioner