MINUTES OF THE

ARKANSAS STATE CLAIMS COMMISSION

August 13 &14, 2015

On August 13th and 14th, 2015, the Claims Commission held hearings in the Commission’s Hearing Room in the Main Street Mall Building, 101 East Capitol Avenue, Suite 410, Little Rock, Arkansas.

Richard Mays, Co-Chair

Mica Strother, Commissioner

Bill Lancaster, Commissioner

Jimmy Simpson, Jr., Commissioner

On August 13, 2015, the Claims Commission held hearings in the Commission’s Hearing Room in the Main Street Mall Building, 101 East Capitol Avenue, Suite 410, Little Rock, Arkansas.

Richard Mays, Co-Chair

Bill Lancaster, Commissioner

Jimmy Simpson, Jr., Commissioner

August 13, 2015

(15-0581-CC) Michael Jackson vs. AHTD. This claim was filed for property damage in the amount of $1,618.13. The Claims Commission unanimously denied and dismisses this claim for Claimant’s failure to appear and prosecute claim.

Attorneys: Pro Se, for Claimant

David Dawson, for Respondent

(15-0647-CC) William Sparkman vs. AHTD. This claim was filed for property damage in the amount of $2,524.51. The Claims Commission unanimously denied and dismisses this claim for Claimant’s failure to prove negligence on the part of the Respondent.

Attorneys: Pro Se, for Claimant

David Dawson, for Respondent

(15-0659-CC) Curtis Jordan vs. AHTD. This claim was filed for property damage a in the amount of $2,912.53. The Claims Commission has decided to hold this claim in abeyance and give the Claimant thirty (30) days from the date of their hearing (August 13, 2015) to explore alternative remedies. The Claimant will notify the Claims Commission of any findings on or before September 14, 2015. An extra day was included for the Labor Day Holiday.

Attorneys: Pro Se, for Claimant

David Dawson, for Respondent

(15-0621-CC) Sparkle Bailey vs. AHTD. This claim was filed for property damage in the amount of $659.98. The Claims Commission has decided to hold this claim in abeyance and give the Claimant thirty (30) days from the date of their hearing (August 13, 2015) to explore alternative remedies. The Claimant will notify the Claims Commission of any findings on or before September 14, 2015. An extra day was included for the Labor Day Holiday.

Attorney: Pro Se, for Claimant

David Dawson, for Respondent

August 13, 2015 cont’d.

(15-0653-CC) Mark Alexander vs. AHTD. This claim was filed for property damage in the amount of $222.42. The Claims Commission unanimously denied and dismisses this claim for Claimant’s failure to appear and prosecute claim.

Attorney: Pro Se, for Claimant

David Dawson, for Respondent

(15-0646-CC) Velver Gilmore vs. AHTD. This claim was filed for property damage in the amount of $867.82. The Claims Commission unanimously denied and dismisses this claim for Claimant’s failure to appear and prosecute claim.

Attorney: Pro Se, for Claimant

David Dawson, for Respondent

(15-0702-CC) Rakeil Bond vs. AHTD. This claim was filed for property damage in the amount of $1,061.44. The Claims Commission unanimously denied and dismisses this claim for Claimant’s failure to appear and prosecute claim.

Attorney: Pro Se, for Claimant

David Dawson, for Respondent

(15-0716-CC) Keith Rosson vs. AHTD. This claim was filed for property damage in the amount of $640.52. The Claims Commission unanimously denied and dismissed this claim for Claimant’s failure to prove negligence on the part of the Respondent.

Attorney: Pro Se, for Claimant

David Dawson, for Respondent

On August 14, 2015, the Claims Commission held hearings in the Commission’s Hearing Room in the Main Street Mall Building, 101 East Capitol Avenue, Suite 410, Little Rock, Arkansas.

Richard Mays, Co-Chair

Mica Strother, Commissioner

Bill Lancaster, Commissioner

August 14, 2015

(15-0479-CC) Matilda Bradford vs. SOA. This claim was filed for death benefits in an unspecified amount. This claim has been continued.

Attorneys: Scott P. Richardson, for Claimant

Charles Lyford, for Respondent

(15-0856-CC) Harlee Harrison vs. SOA. This claim was filed for scholarship benefits only. The Claims Commission unanimously allowed Claimant state-provided higher education scholarship benefits as provided by Statue following the admission of liability and a recommendation of award by the Respondent.

Attorneys: Pro Se, for Claimant

Charles Lyford, for Respondent

August 14, 2015 cont’d

(15-0878-CC) Matthew Fritchie vs. SOA. This claim was filed for disability benefits in an unspecified amount. The Claims Commission unanimously allowed this claim in the amount of $10,000.00 following an admission of liability and recommendation by the Respondent. Applicable state-provided educational scholarship benefits have also been awarded to Claimant’s spouse and Claimant’s one (1) dependent child.

Attorneys: Pro Se, for Claimant

Charles Lyford, for Respondent

COMMISSION’S CONSIDERATION OF MOTIONS FILED SINCE PREVIOUS MEETING

(15-0345-CC) Johnny Lee Nichols vs. DOC. In this claim filed for negligence, refund of expenses, failure to follow procedure, and loss of potential wages, the Claims Commission hereby unanimously denies Claimant’s “Motion for Reconsideration” for the Claimant’s failure to offer evidence that would change the prior decision of the Claims Commission. Therefore, the Commission’s June 10, 2015, order remains in effect.

(15-0484-CC) Jerry Ellis vs. DOC. In this claim filed for failure to follow procedure, the Claims Commission hereby unanimously denies Claimant’s “Motion for Reconsideration” for the Claimant’s failure to offer evidence that would change the prior decision of the Claims Commission. Therefore, the Commission’s June 10, 2015, order remains in effect.

(15-0497-CC) Johnny Lee Nichols vs. DOC. In this claim filed for refund of expenses, mental anguish and failure to follow procedure, the Claims Commission hereby unanimously denies Claimant’s “Motion for Reconsideration” for the Claimant’s failure to offer evidence that would change the prior decision of the Claims Commission. Therefore, the Commission’s June 10, 2015, order remains in effect.

(15-0506-CC) William French vs. DOC. In this claim filed for failure to follow procedure, the Claims Commission hereby unanimously grants the Respondent’s “Motion to Dismiss” for reasons set forth in paragraphs 2-5 contained in the motion. Therefore, this claim is hereby unanimously denied and dismissed.

(15-0575-CC) Cedric Austin vs. DOC. In this claim filed for failure to follow procedure and negligence, the Claims Commission hereby unanimously grants the Claimant’s “Motion to Compel Discovery” and orders the Respondent to submit a response to the Claimant’s pleading(s) no later than thirty (30) days from the date of this opinion. Therefore the Claimant’s “Motion to Compel” is hereby granted.

(15-0576-CC) Michael Walker vs. DOC. In this claim filed for failure to follow procedure, the Claims Commission hereby unanimously grants the Respondent’s “Motion to Dismiss” for reasons set forth in paragraphs 2-9 contained in the motion and for Claimant’s failure to respond to Respondent’s “Motion to Dismiss.”

(15-0592-CC) Keith Miller vs. DOC. In this claim filed for personal injury, negligence and pain and suffering, the Claims Commission hereby unanimously grants the Claimant’s “Motion to Compel Discovery” and orders the Respondent to submit a response to the Claimant’s pleading(s) no later than thirty (30) days from the date of this opinion. Therefore the Claimant’s “Motion to Compel” is hereby granted.

(15-0678-CC) Turrelle Givens vs. DOC. In this claim filed for negligence, refund of expenses and failure to follow procedure, the Claims Commission hereby unanimously grants the Respondent’s “Motion to Dismiss” for reasons set forth in paragraphs 2 and 3 contained in the motion. Therefore, this claim is hereby unanimously denied and dismissed.

(15-0685-CC) Tim Casey vs. DOC. In this claim filed for failure to follow procedure, the Claims Commission hereby unanimously denies Claimant’s “Motion for Reconsideration” for the Claimant’s failure to offer evidence that would change the prior decision of the Claims Commission. Therefore, the Commission’s June 11, 2015, order remains in effect.

(15-0733-CC) Steven Cody-Obama vs. DOC. In this claim filed for failure to follow procedure, the Claims Commission hereby unanimously grants the Respondent’s “Motion to Dismiss” for reasons set forth in paragraphs 2-6 contained in the motion. Therefore, this claim is hereby unanimously denied and dismissed.

(15-0756-CC) Rollie Winston vs. AHTD. In this claim filed for property damage, the Claims Commission hereby unanimously denies Claimant’s “Motion for Reconsideration” for the Claimant’s failure to offer evidence that would change the prior decision of the Claims Commission. Therefore, the Commission’s July 9, 2015, order remains in effect.

(15-0760-CC) Michael Arnett vs. DOC. In this claim filed for failure to follow procedure, the Claims Commission hereby unanimously grants the Respondent’s “Motion to Dismiss” for reasons set forth in paragraphs 2 and 3 contained in the motion and for Claimant’s failure to respond the Respondent’s “Motion to Dismiss”. Therefore, this claim is hereby unanimously denied and dismissed.

(15-0817-CC) Ethel Woodson vs. DHS/CFS. In this claim filed for property damage, the Claims Commission hereby unanimously denies Claimant’s “Motion for Reconsideration” for the Claimant’s failure to offer evidence that would change the prior decision of the Claims Commission. Therefore, the Commission’s July 9, 2015, order remains in effect.

(15-0911-CC) Merita Combs vs. UAMS. In this claim filed for negligence, pain and suffering, mental anguish and personal injury, the Claims Commission hereby unanimously grants the Respondent’s “Motion to Dismiss” for reasons set forth in paragraphs 1-3 contained in the motion. Therefore, this claim is hereby unanimously denied and dismissed.

(15-0925-CC) Raymond McHughes vs. DFA/MV. In this claim filed for personal injury, refund of medical expenses and pain and suffering, the Claims Commission hereby unanimously grants the Respondent’s “Motion to Dismiss” for reasons set forth in paragraphs 2-13 contained in the motion. Therefore, this claim is hereby unanimously denied and dismissed.

(15-0957-CC) Samantha Couch vs. DFA/EB. In this claim filed for insurance error, and refund of expenses, the Claims Commission hereby unanimously grants the Respondent’s “Motion to Dismiss” for Claimant’s failure to respond to the Respondent’s “Motion to Dismiss.” Therefore, this claim is hereby unanimously denied and dismissed.

(15-0966-CC) Sandra Anderson vs. ATU. In this claim filed for property damage, the Claims Commission hereby unanimously grants the Respondent’s “Motion to Dismiss” for reasons set forth in paragraphs 2 and 3 contained in the motion. Therefore, this claim is hereby unanimously denied and dismissed.

(15-0978-CC) Paul Newport vs. AHTD. In this claims filed for personal injury, the Claims Commission unanimously denies and dismisses the Respondent’s “Motion for Summary Judgement” and orders this claim to be held in abeyance. Therefore, the Respondent’s “Motion for Summary Judgement” is hereby unanimously denied and dismissed.

(16-0026-CC) Jessie Hill vs. DOC & ASCC. In this claims filed for failure to follow procedure, the Claims Commission hereby unanimously grants the Respondent’s “Motion for Summary Judgement on the Pleadings” and rules that the portion of this claim that is against the Arkansas State Claims Commission be denied and dismissed. Therefore, the Respondent’s “Motion for Judgement on the Pleadings” is granted and this claim against the Arkansas State Claims Commission is dismissed.

CLAIMS ALLOWED

(SEE ATTACHED IF APPLICABLE)

CLAIMS AGENCY ORDERED TO PAY

(SEE ATTACHED IF APPLICABLE)

CLAIMS DENIED &/OR DISMISSED

(SEE ATTACHED IF APPLICABLE)

This completed all the business on the August 13th and 14th, 2015, State Claims Commission dockets.

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Richard Mays, Co-Chair

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Jimmy Simpson, Commissioner

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Mica Strother, Commissioner

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Bill Lancaster, Commissioner