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Date: 12-18-2023

Case Style:

Dewyn Avey v. David Turner and Sam I Am Transportation, LLC

Case Number: 4:22-cv-00248

Judge: D. P. Marshall, Jr.

Court: United States District Court for the Eastern District of Arkansas (Pulaski County)

Plaintiff's Attorney:



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Defendant's Attorney: Deborah S. Denton

Description: Little Rock, Arkansas personal injury lawyer represented the Plaintiff who sued the Defendants on auto negligence theories claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of a semi-tractor-trailer accident caused by David Turner.

"Basics of Arkansas Negligence Law:

Duty of Care: Every person in Arkansas has a duty of care to act reasonably and avoid causing harm to others. This applies to various situations, like driving, owning property, and providing professional services.

Breach of Duty: The injured party must show that the other party breached their duty of care by:
Failing to act with reasonable care
Violating a safety standard
Causing the injury

Proximate Cause: The breach of duty must be the direct cause of the injured party's harm, not just a contributing factor.

Damages: If all elements are proven, the injured party can seek compensation for various damages, like:
Medical expenses
Lost wages
Pain and suffering
Property damage

Comparative Negligence: Arkansas follows a modified comparative negligence rule. This means the injured party's own negligence can reduce their compensation amount proportionally. However, they cannot recover any damages if they're 50% or more at fault.

Additional Points:

Statute of Limitations: Arkansas has a three-year statute of limitations for most personal injury lawsuits from the date of the injury.
Legal Resources: The Arkansas Bar Association and Arkansas Department of Commerce can provide guidance and resources.

Specific Scenarios:

Here are some specific scenarios where negligence law might apply in Arkansas:

Car accidents: Drivers have a duty to operate their vehicles safely, and a breach of this duty can lead to liability for injuries caused by accidents.
Slip and fall accidents: Property owners must maintain their premises in a safe condition, and failing to do so can lead to liability for injuries caused by falls.
Medical malpractice: Healthcare professionals have a duty to provide reasonable care to their patients, and a breach of this duty can lead to liability for injuries caused by medical errors.

Seeking Legal Help:

If you believe you've been harmed due to someone else's negligence in Arkansas, it's crucial to consult with an experienced personal injury attorney. They can evaluate your case, advise you on your legal options, and represent you in pursuing compensation."

Google Bard

Outcome: 12/18/2023 48 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Stipulation, Doc. 47 , noted. Congratulations. Motions, Doc. 29 , 31 & 34 , denied as moot. Avey's amended complaint will be dismissed with prejudice. Fed. R. Civ. P. 41(a)(1)(A)(ii). Signed by Judge D. P. Marshall Jr. on 12/18/2023. (slb) (Entered: 12/18/2023)
12/18/2023 49 JUDGMENT: Avey's amended complaint is dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 12/18/2023. (ldb) (Entered: 12/18/2023)

Plaintiff's Experts:

Defendant's Experts:

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