MINUTES OF THE

ARKANSAS STATE CLAIMS COMMISSION

August 12, 2010

On August 12, 2010, the Commission held its 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 12th

Richard Mays, Co-Chair

Steven Arnold, Commissioner

Melinda Pyle, Commissioner

Thursday, August 12th

(11-0037-CC) Ozark Guidance Center vs. DHS/BHS. This claim for unpaid bills filed in the amount of $19,380.00 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

Michael Johnson, for Respondent

(10-0867-CC) Alesia Gray vs. DHS/County Ops. In this claim filed for pain and suffering and personal injury in an unspecified amount the Claims Commission unanimously granted the Respondent’s “oral” “Motion to Dismiss” for the Claimant’s failure to appear and prosecute the claim.

Attorneys: Pro se for Claimant

Richard Rosen, for Respondent

(09-0479-CC) James Tucker vs. AG&FC. This claim filed for loss of wages in an unspecified amount was cancelled at request of the parties prior to hearing.

Attorneys: Brandon Lacey, for Claimant

James Goodheart, for Respondent

(10-1040-CC) Pamela Curlin vs. SOA. This claim filed for death benefits in an unspecified amount was unanimously allowed in the amount of $65,000.00 plus state provided higher educational scholarship benefits following the admission of liability and a recommendation of payment by the Respondent.

Attorneys: Pro se for Claimant

KaTina Hodge, for Respondent

(10-1041-CC) Leslies Smalley & Tara Curlin vs. SOA. . This claim filed for death benefits in an unspecified amount was unanimously allowed in the amount of $45,000.00 plus state provided higher educational scholarship benefits following the admission of liability and a recommendation of payment by the Respondent.

Attorneys: Pro se for Claimant

KaTina Hodge, for Respondent

(10-1042-CC) Kim Curlin & Katherine Curlin vs. SOA. . This claim filed for death benefits in an unspecified amount was unanimously allowed in the amount of $45,000.00 plus state provided higher educational scholarship benefits following the admission of liability and a recommendation of payment by the Respondent.

Attorneys: Pro se for Claimant

KaTina Hodge, for Respondent

(10-1043-CC) Kim Curlin & Kaylee Curlin vs. SOA. . This claim filed for death benefits in an unspecified amount was unanimously allowed in the amount of $45,000.00 plus state provided higher educational scholarship benefits following the admission of liability and a recommendation of payment by the Respondent.

Attorneys: Pro se for Claimant

KaTina Hodge, for Respondent

(10-0715-CC) Jamie Eckler vs. DOC. This claim filed for personal injury, pain and suffering, and negligence in the amount of $250,000.00 was unanimously allowed in the amount of $100,000.00 following the recommendation of payment by the Respondent and the presentation of a “Negotiated Settlement Agreement signed by the parties.

Attorneys: Chris Averitt, for Claimant

Jeanne Richards, for Respondent

(10-1001-CC) Gladys Malone vs. DHS/CFS. This claim filed for property damage in the amount of $2,920.36 was continued at the Claimant’s request prior to hearing.

Attorneys: Pro se for Claimant

Shane Cater, for Respondent

(09-0678-CC) AR Support Network vs. DOC. This claim filed for unpaid bills in the amount of $31,953.75 was continued by request of the parties prior to hearing.

Attorneys: Pro se for Claimant

Carmen Mosely-Sims, 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

(10-1046-CC) Northpoint Health Services of Arkansas vs. DHS. In this claim filed for unpaid bills in the amount of $10,050.00 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss,” for the reasons contained therein and the Claimant’s failure to respond.

(10-1029-CC) Springdale Health and Rehabiliation Center vs. DHS/DAAS. In this claim filed for unpaid bills in the amount of $9,727.15 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss,” for the reasons contained therein and the Claimant’s failure to respond.

(11-0007-CC) William Young vs. AHTD. In this claim filed for loss of profit in the amount of $500.00 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss,” for the reasons contained therein and the Claimant’s failure to respond.

(11-0008-CC) William Young vs. AHTD. In this claim filed for loss of profit in the amount of $500.00 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss,” for the reasons contained therein and the Claimant’s failure to respond.

(10-1023-CC) Jimmy Bumgardner, #103669 vs. DOC. In this claim filed for loss of property in the amount of $26.50 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss,” for the reasons contained therein and the Claimant’s failure to respond.

(10-0952-CC) John Wesley Williams, #097395 vs. DOC. In this claim filed for loss of property in the amount of $850.00 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss,” for the reasons contained therein and the Claimant’s failure to respond.

(10-0737-CC) Brandon Brown, # 142315 vs. DOC. In this claim filed for failure to follow procedures in the amount of $10,000.00 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss,” for the reasons contained therein.

(10-0590-CC) Michael Brazell, Jr., #500711 vs. DOC. In this claim filed for failure to follow procedures in the amount of $4,000.00 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss,” for the reasons contained therein.

(10-0911-CC) Curtis Ray Easter, #093325 vs. DOC. In this claim filed loss of property in the amount of $100.00 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss,” for the reasons contained therein.

(11-0044-CC) Tobais Harris, #510080 vs. DOC. In this claim filed for loss of property in the amount of $750.00 the Claims Commission unanimously denied the Respondent’s “Motion to Dismiss.” This claim will be set for hearing.

(10-0957-CC) Claude Graves vs. AG&FC. In this claim filed for loss of property in the amount of $51,472.85 the Claims Commission unanimously denied the Respondent’s “Motion to Dismiss Amended Complaint.” This claim will proceed to hearing.

(10-1033-CC) Othel Bruce vs. DOH. In this claim filed for refund of expenses in the amount of $10,000.00 the Claims Commission unanimously denied the Respondent’s “Motion to Dismiss.” This claim will be set for hearing.

(10-1021-CC) Terrance Hopson, #093910 vs. DOC. In this claim filed for loss of property in the amount of $1,500.00 the Claims Commission unanimously denied the Respondent’s “Motion to Dismiss.” This claim will be set for hearing.

(11-0001-CC) Carl Turner, #081306 vs. DOC. In this claim filed for failure to follow procedures in the amount of $3,500.00 the Claims Commission unanimously denied the Respondent’s “Motion to Dismiss.” This claim will be set for hearing.

(10-0946-CC) Donald Robinson, #092239 vs. DOC. In this claim filed for loss of property in the amount of $280.00 the Claims Commission unanimously denied the Claimant’s “Motion for Summary Judgement.”

(10-0892-CC) Corey Perkins, #112808 vs. DOC. In this claim filed for failure to follow procedures in the amount of $9,500.00 the Claims Commission unanimously denied the Claimant’s “Motion to Compel Discovery” and “Motion for Production of Documents.”

(10-0932-CC) Terrance Proctor, #087410 vs. DOC. In this claim filed for loss of property in the amount of $1,576.39 the Claims Commission unanimously denied the Claimant’s “Motion to Compel Discovery & Interrogatories.”

(10-0950-CC) Robert Jackson, #112814 vs. DOC. In this claim filed for failure to follow procedures in the amount of $1,500.00 the Claims Commission unanimously denied the Claimant’s “Motion for Reconsideration.” Therefore, the Commission’s July 16, 2010 order remains in effect.

(10-0781-CC) Leonard Wiley vs. DOC. In this claim filed for personal injury, negligence, and pain and suffering in the amount of $10,000.00 the Claims Commission unanimously denied the Respondent’s “Motion for Reconsideration.” Therefore, the Commission’s July 16, 2010 order remains in effect.

(10-0771-CC) Lyndon Phillips vs. DOC. In this claim filed for personal injury, negligence, and pain and suffering in the amount of $50,000.00 the Claims Commission unanimously denied the Claimant’s “Motion for Reconsideration.” Therefore, the Commission’s July 16, 2010 order remains in effect.

(10-0827-CC) Corey Sanders, #113737 vs. DOC. In this claim filed for failure to follow procedures, mental anguish and pain and suffering in the amount of $1,800.00 the Claims Commission unanimously denied the Claimant’s “Motion for Production of Documents” believing that the Respondent has adequately responded in producing the requested material.

(10-0909-CC) Timothy Hinds, #650268 vs. DOC. In this claim filed for loss of property in the amount of $200.00 the Claims Commission unanimously granted the Claimant’s “Motion for Reconsideration” and orders the Respondent to provide Claimant with a copy of their “Motion to Dismiss.”

CONTROVERSIAL/NONCONTROVERSIAL CLAIMS ALLOWED

(SEE ATTACHED PAGES 49/FY)

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

CONTROVERSIAL & NONCONTROVERSIAL CLAIMS/DENIED &/OR DISMISSED (SEE ATTACHED PAGE 52/FY)

This completed all the business on the August 12, 2010, State Claims Commission Docket.

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Richard Mays, Co-Chair

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Steven Arnold, Co-Chair

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Melinda Pyle, Commissioner