Minutes of The s5

MINUTES OF THE

ARKANSAS STATE CLAIMS COMMISSION

August 12 th & 13 th , 2004

On August 12th & 13th, the Claims Commission held its hearings in Suite 410 of the Main Street Mall Building, 101 E. Capitol Ave, Ste. 410, Little Rock, Arkansas, with the following Commissioners present to review motions and hear claims:

August 12 th Joe Peacock, Co-Chair Henry Kinslow, Commissioner Charles Williams, Commissioner

August 13 th Henry Kinslow, Co-Chair Joe Peacock, Commissioner Smokey Campbell, Commissioner

Thursday, August 12 th

(04-1215-CC) Vickie Blaylock vs. SOA. This claim filed for disability benefits in the amount of $10,000.00 was unanimously allowed in the amount sought following an admission of liability and a recommendation of payment by the Respondent.

Attorneys: Pro se for Claimant Eric Walker, for Respondent

(03-0133-CC) Est. of Brandy Stafford vs. AHTD. This claim filed for personal injury, pain & suffering, and negligence was continued prior to hearing at the request of the Claimant’s legal counsel.

Attorneys: Bob Davidson, for Claimant David Dawson, for Respondent

(03-0524-CC) Mary Riley vs. AHTD. This claim filed for personal injury in the amount of $10,575.90 was, following reconsideration, unanimously awarded in the amount of $8,408.15.

Attorneys: J.T. Skinner, for Claimant David Dawson, for Respondent

(03-0523-CC) Phyllis Kelley vs. AHTD. This claim filed for personal injury in the amount of $56,614.71 was, following reconsideration, unanimously awarded in the amount of $42,107.46.

Attorneys: J.T. Skinner, for Claimant David Dawson, for Respondent (04-1309-CC) Arthur Davis vs. AHTD. In this claim filed for breach of contract in the amount of $35,000.00 the Respondent’s “Motion to Dismiss” was unanimously denied and dismissed. This claim will be set for hearing.

Attorneys: Pro se for Claimant David Dawson, for Respondent

(04-0859-CC) Judy Webb vs. ASP. This claim filed for personal injury in the amount of $1,663,854.12, for which the Respondent admitted liability, was unanimously awarded in the amount of 750,000.00 for Claimant’s “pain and suffering” following a hearing on the issue of damages.

Attorneys: Kimberly Dale, Mark Henry, & Duff Nolan, for Claimant Alice Eastwood & Mark Haigemeier, for Respondent

(04-0860-CC) Aubrey Webb vs. ASP. This claim filed for personal injury in the amount of $613,923.56, for which the Respondent admitted liability, was unanimously awarded in the amount of 750,000.00 for Claimant’s “pain and suffering” following a hearing on the issue of damages.

Attorneys: Kimberly Dale, Mark Henry, & Duff Nolan, for Claimant Alice Eastwood & Mark Haigemeier, for Respondent

(98-1636-CC) Tina Franklin & Roy Cline vs. UAMS. This claim filed for personal injury in an unspecified amount was unanimously allowed in the amount of $150,000.00 following the presentation of a negotiated settlement agreement between the parties and a recommendation of payment from the Respondent.

Attorneys: Bobby McDaniel, for Claimant Rhonda Thornton, for Respondent

(03-0132-CC) Darlene Rudder vs. AHTD. This claim filed for property damage in the amount of $8,939.91was unanimously denied and dismissed on Respondent’s “oral” “Motion to Dismiss” for Claimant’s failure to appear and prosecute claim.

(04-1298-CC) Melita Booth vs. AHTD. This claim filed for property damage in the amount of $2,212.67 was unanimously denied and dismissed for Claimant’s failure to prove by a preponderance of the evidence liability on the part of the Respondent.

(04-1280-CC) Kathryn Harris vs. AHTD. This claim filed for property damage in the amount of $150.00 was unanimously awarded in the amount sought.

Attorneys: Pro se for Claimant David Dawson, for Respondent COMMISSION’S DECISIONS MADE ON PREVIOUSLY HEARD CLAIMS

(04-0893-CC) Jerry Hogue vs. SACC. This claim filed for breach of contract in an unspecified amount was unanimously denied and dismissed for Claimant’s failure to prove by a preponderance of the evidence liability on the part of the Respondent.

Attorneys: Dan Dodson, for Claimant Don Barnes, for Respondent

(04-0893-CC) Summit Security vs. APDC. This claim filed for breach of contract in an unspecified amount was unanimously denied and dismissed for Claimant’s failure to prove by a preponderance of the evidence liability on the part of the Respondent.

Attorneys: Dan Dodson, for Claimant Don Barnes, for Respondent

COMMISSION’S CONSIDERATION OF MOTIONS FILED SINCE PREVIOUS MEETING

(04-1348-CC) Andrew Wylie vs. DOC. In this claim filed for loss of property in the amount of $2,000.00, the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent for the reasons contained therein.

(04-1217-CC) Aaron Flemmons vs. DOC. In this claim filed for personal injury and failure to follow procedure in the amount of $25,000.00, the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent.

(04-1267-CC) Romie Grady, Jr. vs. DOC. In this claim filed personal injury and failure to follow procedure in the amount of $3300,000.00, the Claims Commission unanimously granted the “Motion for Discovery and Production of Documents” filed by the Claimant, pursuant to the Arkansas Rules of Civil Procedure.

(05-0014-CC) Donald Ray Frazier, Jr. vs. DOC. In this claim filed for loss of property in the amount of $3,200.00, the Claims Commission unanimously denied the “Motion for Bill of Particulars” filed by the Claimant.

(04-1156-CC) Robert Jackson vs. DOC. In this claim filed for loss of funds and failure to follow procedure in the amount of $28.08, 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.

(05-0022-CC) Jacqueline Cobbs vs. AHTD. In this claim filed for property damage in the amount of $378.17, 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.

(04-1300-CC) Raymond Calvin vs. DOC. In this claim filed for loss of property in the amount of $38.00, 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.

(05-0006-CC) Entergy Corp. vs. AHTD. In this claim filed for property damage in the amount of $2,478.43, the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent for the reasons contained therein.

(05-0039-CC) David Nicklas vs. ASP. In this claim filed for loss of property in the amount of $461.61 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss” for the reasons contained therein.

(04-1000-CC) Charles Young vs. DOC. In this claim filed for loss of property in the amount of $9,159.20, the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent for the reasons contained therein. (04-1321-CC) Danny Cromeans vs. DOC. In this claim filed for loss of property and failure to follow procedure in the amount of $300.00, the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent for the reasons contained therein.

(04-1330-CC) Roy Franklin, Jr. vs. DOC. In this claim filed for personal injury and negligence 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.

(04-1016-CC) James Ruth vs. DOC. In this claim filed for personal injury in the amount of $7,500.00 the Claims Commission unanimously granted the “Motion for Reconsideration” filed by the Claimant. This claim will be set for hearing.

(04-1339-CC) Kenneth Todd vs. AG&FC. In this claim filed for personal injury in the amount of $7,500,000.00, the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent for the reasons contained therein.

CLAIMS FOR COMMISSION'S CONSIDERATION & RULING

(84-077-CC) Ivory J. Clinkscale vs. Dept. of Correction. Claim for $375.00 for denial of medical attention.

(85-409-CC) Johnny G. Witham vs. Dept. of Correction. Claim for $5,000.00 for personal injury.

(92-108C-CC) George H. Thorne vs. Dept. of Correction. Claim for $1,497.65 of stolen property claim.

(92-183C-CC) Jackie Van Dyke vs. Dept. of Human Services, Children & Family Services Division. Claim for unspecified amount for destruction of property.

COMMISSION’S RULINGS ON OUT OF DATE/FORGED WARRANTS

(05-0008-CC) Jerry & Becky Clark vs. DFA/RD This claim filed for reissuance of out of date/forged warrant in the amount of $12,478.00 was unanimously allowed in the amount sought.

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 12th & 13th, 2004, State Claims Commission Docket.

______Henry Kinslow, Co-Chair (August 12th, 2004)

______Joe Peacock, Co-Chair (August 13th, 2004)

______Charles Williams, Commissioner

______Smokey Campbell, Commissioner