Minutes of The s24

MINUTES OF THE

ARKANSAS STATE CLAIMS COMMISSION

December 13, 2007

On December 13, 2007, 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.

December 13 th

Joe Peacock, Co-Chair Steven Arnold, Commissioner Smokey Campbell, Commissioner

Thursday, December 13 th

(08-0316-CC) Shawn Caley vs. SOA. This claim filed for disability benefits in the amount of $10,000.00 was unanimously allowed in the amount of $10,000.00 following an admission of liability and a recommendation of payment.

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

(08-0360-CC) James Platt vs. SOA. This claim filed for disability benefits in the amount of $10,000.00 was unanimously allowed in the amount of $10,000.00 following an admission of liability and a recommendation of payment.

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

(07-0735-CC) Harry & Mildred Loucks vs. CSL. This claim filed for negligence and refund of expense in the amount of $8,522.98 was taken under advisement.

Attorneys: James Van Dover, for Claimant Melanie Hoover, for Respondent

(08-0152-CC) White River Medical Center vs. ASP. This claim filed for an unpaid bill in the amount of $18,692.00 was unanimously held in abeyance pending pursuit and exhaustion of possible alternative remedies.

Attorneys: Pro se for Claimant Ken Stoll, for Respondent

(08-0040-CC) Selina Porter vs. DHS/CFS. In this claim filed for property damage in the amount of $1,000.00 the Claims Commission unanimously granted the Respondent’s “oral” “Motion to Dismiss” for the Claimant’s failure to appear and prosecute claim.

Attorneys: Pro se, for Claimant John Finkbeiner, for Respondent (06-0035-CC) Joe Hurst vs. AHTD. In this claim filed for salary due in the amount of $120,000.00 the Claims Commission unanimously found liability on the part of the Respondent and awarded the claim in the amount of $9,686.71 for the Claimant’s work for 21 months prior to January, 25, 2002.

Attorneys: Jeff Phillips, for Claimant David Dawson, for Respondent

(08-0243-CC) Peggy Blunt vs. UAMS. In this claim filed for discrimination in an unspecified amount the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss” for the Claimant’s failure to appear and prosecute claim.

Attorneys: Austin Porter, Jr., for Claimant John Finkbeiner, for Respondent

(08-0186-CC) Joel Burnett vs. DOC. This claim filed for property damage in the amount of $241.96 was settled by agreement of the parties prior to hearing.

Attorneys: Pro se, for Claimant Jan Scussel, for Respondent

(08-0088-CC) Reality Title vs. SLC. This claim filed for refund of expenses in the amount of $1,465.54 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: Pro se, for Claimant Carol Lincoln, for Respondent

(08-0082-CC) Jason Baldwin vs. DOC. This claim filed for personal injury and pain and suffering in the amount of $15,000.00 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.

(07-0914-CC) James Johnson vs. DOC. In this claim filed for loss of property in the amount of $24.30 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss” for the Claimant’s failure to appear and prosecute claim.

(08-0243-CC) Danny Sowards vs. DHS/DYS. This claim filed for negligence and mental anguish in the amount of $5,000.000.00 was continued at the request of the Claimant’s legal counsel prior to hearing.

Attorneys: Hubert Alexander, for Claimant John Finkbeiner, for Respondent

COMMISSION’S DECISIONS MADE ON PREVIOUSLY HEARD CLAIMS

COMMISSION’S RULINGS ON OUT OF DATE/FORGED WARRANTS

COMMISSION’S CONSIDERATION OF MOTIONS FILED SINCE PREVIOUS MEETING

(08-0062-CC) Carl Dwayne Prince, #086750 vs. DOC. In this claim filed for loss of property in the amount of $55.00 the Claims Commission unanimously denied the Claimant’s “Motion for Reconsideration.” Therefore the Commission’s October 11, 2007 order remains in effect.

(08-0197-CC) John Conway, #91534 vs. DOC. In this claim filed for loss of property in the amount of $500.00 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss” for the reasons contained therein.

(07-0616-CC) Kenneth Stigger, #096345 vs. DOC. In this claim filed for loss of property and failure to follow procedures in the amount of $4,800.00 the Claims Commission unanimously denied the Claimant’s “Motion for Reconsideration.” Therefore the Commission’s October 11, 2007 order remains in effect.

(08-0288-CC) Shirley Fox vs. AHTD. In this claim filed for personal injury in the amount of $1,500,000.00 the Claims Commission unanimously changed the Respondent’s “Motion to Dismiss” to a “Motion to Hold In Abeyance” and grants the “Motion to Hold In Abeyance,” pending the pursuit and exhaustion of possible alternative remedies. Therefore, this claim will be held in abeyance.

(07-0580-CC) Carl Davis, Jr. #080431 vs. DOC. In this claim filed for failure to follow procedures and refund of expense in the amount of $1,000.00 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss” for the reasons contained therein.

(08-0169-CC) Carl Turner, # 081306 vs. DOC. In this claim filed for loss of property and failure to follow procedures in the amount of $220.00 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss” for the reasons contained therein.

(08-0171-CC) Christopher Laughlin, #100594 vs. DOC. In this claim filed for loss of property and failure to follow procedures in the amount of $2,500.00 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss” for the reasons contained therein.

(08-0410-CC) Joshua and Dana Stuart vs. AR Military Dept. In this claim filed for negligence, pain and suffering, and mental anguish in the amount of $200,000.00 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss” for the reasons contained therein.

(08-0002-CC) John VanOrman vs. ASP&T. In this claim filed for wrongful termination in the amount of $20,000.00+ the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss” for the reasons contained therein.

(06-1584-CC) Mary Kay Dougan, et al vs. UAMS. In this claim filed for negligence, mental anguish, and pain and suffering in the amount of $1,000,000.00 the Claims Commission unanimously denied the Claimant’s “Motion for Reconsideration of Notice of Attorney’s Lien.” Therefore, the Commission’s November 1, 2007 order remains in effect.

(07-0842-CC) Roderick White, #92057 vs. DOC. In this claim filed for loss of property in the amount of $945.00 the Claims Commission unanimously denied the Claimant’s “Motion for Reconsideration.” Therefore the Commission’s October 11, 2007 order remains in effect.

(08-0289-CC) Theophilus Cannon vs. AHTD. In this claim filed for personal injury in the amount of $1,000,000.00 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss” for the reasons contained therein and the Claimant’s failure to respond.

(08-0314-CC) Jackie Moran vs. AR Military Dept. In this claim filed for salary due in the amount of $10,000.00 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss” for the reasons contained therein and the Claimant’s failure to respond.

( 08-0250-CC) Tracy Lee Bryant, #111893 vs. DOC. In this claim filed for loss of property in the amount of $15.00 the Claims Commission unanimously granted the Claimant’s “Motion for Discovery.” Therefore the Commission unanimously orders the Respondent to the Claimant’s request by Thursday, January 3, 2008.

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 December 13, 2007, State Claims Commission Docket.

______Joe Peacock, Co-Chair

______Smokey Campbell, Commissioner

______Steven Arnold, Commissioner