Minutes of The s6

MINUTES OF THE

ARKANSAS STATE CLAIMS COMMISSION

January 9, 2009

On January 9, 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.

January 9th

Pat Moran, Co-Chair

Smokey Campbell, Commissioner

Richard Mays, Commissioner

Friday, January 9th

(09-0417-CC) Hunter Halsell vs. AHTD. This claim filed for negligence and pain and suffering was unanimously denied and dismissed for the Respondent’s “Motion to Dismiss.” The claim will be set for hearing.

Attorneys: Scott Hickman, for Claimant

David Dawson, for Respondent

(09-0097-CC) Don Etherly vs. APDC. This claim filed for refund of expenses in an unspecified amount was dismissed prior to hearing at the Claimant’s request.

Attorneys: Pro se for Claimant

Janice Vaughn, for Respondent

(09-0334-CC) Sally Bryan vs. DHS/CFS. In this claim filed for wrongful termination in the amount of $20,000.00 the Claims Commission unanimously denied and dismissed the “Motion to Dismiss” filed by the Respondent. This claim will be set for hearing.

Attorneys: Clayton Blackstock, for Claimant

Richard Rosen, for Respondent

COMMISSION’S DECISIONS MADE ON PREVIOUSLY HEARD CLAIMS

(07-0783-CC) Nedra Sturdivant vs. 13th JPCA. This claim filed for mental anguish in the amount of $500,000.00 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.

(07-0839-CC) Kasey Doss vs. 13th JPCA. This claim filed for mental anguish in the amount of $250,000.00 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.

(07-0164-CC) Kgenge Lauderdale vs. AHTD. This claim filed for personal injury in an unspecified amount was unanimously awarded in the amount of $200,000.00 following the Respondent’s previous admission of liability and a hearing on damages only.

COMMISSION’S RULINGS ON OUT OF DATE/FORGED WARRANTS

COMMISSION’S CONSIDERATION OF MOTIONS FILED SINCE PREVIOUS MEETING

(08-0200-CC) SSM, LLC vs. UCA. In this claim filed for breach of contract in the amount of $1,500,000.00 the Claims Commission unanimously denied the “Motion for Summary Judgment” filed by the Respondent.

(08-0729-CC) Anthony Terry, #79575 vs. DOC. In this claim filed for loss of property in the amount of $394.00 the Claims Commission unanimously denied the “Motion to Dismiss” filed by the Respondent. This claim will be set for hearing.

(06-0340-CC) Agnes Owensby, Special Adminstratrix of the Estate of William Owensby, deceased vs. DOH. In this claim filed for negligence, loss of earnings, medical expenses and loss of consortium, the Claims Commission unanimously granted the request by the Claimant’s council that Agnes Owensby be substituted as Claimant and special adminstratrix

of the Estate of William Owensby, deceased, who passed away on September 24, 2006.

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 January 9th, 2009, State Claims Commission Docket.

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Pat Moran, Co-Chair

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Melinda Pyle, Commissioner

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Steven Arnold, Commissioner