MINUTES OF THE

ARKANSAS STATE CLAIMS COMMISSION

NOVEMBER 20th, 2003

On November 20th, 2003, the State Claims Commission held its hearings in Suite 410 of the Main Street Mall Building, 101 E. Capitol Ave, Ste. 410, Little Rock, Arkansas, with the following Commissioners present to review motions and hear claims:

November 20th

Joe Peacock, Co-Chair

Henry Kinslow, Commissioner

Melinda Pyle, Commissioner

Thursday, November 20th

(03-0823-CC) Robert Jones vs. DFA. This claim filed for medical benefits in the amount of $560,000.00 was continued at the request of the parties prior to hearing.

Attorneys: John Holleman, IV for Claimant

Don Barnes, for Respondent

(04-0011-CC) Jessica Williams vs. ASP. This claim filed for personal injury and pain and suffering in the amount of $10,000.00 was continued at the Claimant’s request prior to hearing.

Attorneys: Michael LeBoeuf, for Claimant

Melanie Hoover, for Respondent

(03-1422-CC) Ethel Woodson vs. DHS/CFS. In this claim filed for property damage in the amount of $485.00 was unanimously allowed in the amount of $200.00 following an admission of liability and a recommendation of payment by the Respondent. The Claimant agreed to accept the amount admitted to by the Respondent at the hearing.

Attorneys: Pro se for Claimant

Tami Harlan, for Respondent

(04-0277-CC) Integrity, Inc vs. DHS/DDS. This claim filed for unpaid bills in the amount of $5,540.00 was unanimously allowed in the amount of $4,260.00 following an admission of liability and a recommendation of payment by the Respondent. The Claimant agreed to accept the amount admitted to by the Respondent at the hearing.

Attorneys: Annette Lewellen, for Claimant

Richard Dahlgren, for Respondent

(04-0063-CC) Independent Case Management vs. DHS/DDS. This claim filed for unpaid bills in the amount of $25,368.08 was unanimously allowed in the amount of $22,782.48 following an admission of liability and a recommendation of payment by the Respondent. The Claimant agreed, in writing, to accept the amount admitted to by the Respondent.

Attorneys: David Ivers, for Claimant

Richard Dahlgren, for Respondent

(04-00324-CC) San Marcos Treatment Center vs. DHS/DDS. This claim filed for unpaid bills in the amount of $11,980.00 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

Kathy Hall, for Respondent

(04-0105-CC) Tina Sue Altom vs. AHTD. This claim filed for property damage and negligence in the amount of $43,000.00 was unanimously denied and dismissed for the Claimant’s failure to prove by a preponderance of the evidence negligence on the part of the Respondent.

Attorneys: Pro se for Claimant

David Dawson, for Respondent

(03-1307-CC) Marlene Lyczak vs. AHTD. This claim filed for property damage in the amount of $1,833.29 was unanimously denied and dismissed for the Claimant’s failure to appear and prosecute claim.

Attorneys: Pro se for Claimant

David Dawson, for Respondent

COMMISSION’S DECISIONS MADE ON PREVIOUSLY HEARD CLAIMS

(03-0368-CC) Thelma Gustus vs. AHTD. This claim filed for personal injury in an unspecified amount was unanimously allowed in the amount of $10,000.00 following the admission of liability and a recommendation of payment by the Respondent.

Attorneys: Pro se, for Claimant

David Dawson, for Respondent

(03-1045-CC) Roy Lee Brown vs. DOC. This claim filed for loss of property in the amount of $280.00 was unanimously allowed in the amount of $280.00 following the admission of liability and a recommendation of payment by the Respondent.

Attorneys: Pro se, for Claimant

David Dawson, for Respondent

COMMISSION’S CONSIDERATION OF MOTIONS FILED SINCE PREVIOUS MEETING

(02-0653-CC) Yvonne Morris Young vs. Ouachita County TEA Coalition. In this claim filed for breach of contract in the amount of $22,000.00 the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent for the reasons contained therein and the Claimant’s failure to respond.

(03-0904-CC) Jerry Johnson vs. DOC. In this claim filed for loss of property in the amount of $750.00 the Claims Commission unanimously denied the “Motion for Reinstatement and Reconsideration” filed by the Claimant. Therefore, the Commission’s October 8th, 2003 decision remains in effect.

(03-1011-CC) Reginald Murdock vs. AHTD. In this claim filed for wrongful termination in the amount of $100,000.00 the Claims Commission unanimously denied the “Motion for Reinstatement and Reconsideration” filed by the Claimant. Therefore, the Commission’s September 11th, 2003 decision remains in effect.

(04-0229-CC) Kenny Halfacre vs. DOC. In this claim filed for loss of property in an unspecified amount the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent for the reasons contained therein.

(03-1240-CC) Carl Prince vs. DOC. In this claim filed for loss of property in the amount of $50.00 the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent for the reasons contained therein.

(04-0236-CC) Melvin Dulaney vs. DOC. In this claim filed for loss of property in the amount of $500.00 the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent for the reasons contained therein, all other motions are moot.

(04-0354-CC) Larry Jones vs. DOC. In this claim filed for loss of property in the amount of $172.35 the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent for the reasons contained therein.

(04-0009-CC) William Hogue vs. ASP. In this claim filed for property damage in the amount of $1,403.37 the Claims Commission unanimously granted the “Motion to Dismiss for Failure to Respond to Discovery Requests” filed by the Respondent for the reasons contained therein.

(03-0489-CC) Patricia Sharkey vs. UAMS. In this claim filed for negligence and wrongful death in an unspecified amount the Claims Commission unanimously granted the “Motion for Summary Judgment” filed by the Respondent for the reasons contained therein.

(04-0279-CC) Eric Allen vs. DOC. In this claim filed for loss of property in the amount of $80.00 the Claims Commission unanimously granted the “Motion to Request for Documents” filed by the Claimant for the reasons contained therein and for the Respondent’s failure to respond.

(03-0616-CC) Corey Williamson vs. DOC. In this claim filed for personal injury in the amount of $25,000.00 the Claims Commission unanimously denied the “Motion for Reinstatement and Reconsideration” filed by the Claimant. Therefore, the Commission’s October 9th, 2003 decision remains in effect.

(04-0268-CC) Russell McKinnon vs. DOC. In this claim filed for loss of property in the amount of $74.00 the Claims Commission unanimously denied the “Motion to Dismiss” filed by the Respondent. This claim will be set for hearing.

(04-0098-CC) Stephen Bridges vs. DOC. In this claim filed for loss of property in the amount of $2,500.00 the Claims Commission unanimously denied the “Motion to Dismiss” filed by the Respondent. This claim will be set for hearing.

(04-0278-CC) Kevin Buckley vs. DOC. In this claim filed for loss of property in the amount of $25.00 the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent for the reasons contained therein and the Claimant’s failure to respond.

(04-0090-CC) Kenneth Waller vs. DOC. In this claim filed for loss of property in the amount of $453.65 the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent for the reasons contained therein and the Claimant’s failure to respond.

(03-1311-CC) Eric Allen vs. DOC. In this claim filed for loss of property in the amount of $2,500.00 the Claims Commission unanimously denied the “Motion for Summary Judgment” filed by the Claiamant for the reasons contained in the Respondent’s “Response to Motion for Summary Judgment.”

(04-0347-CC) Richard Davis vs. DOC. In this claim filed for emotional distress in the amount of $7,500.00 the Claims Commission unanimously granted the “Motion to Dismiss” filed by the Respondent for the reasons contained therein and the Claimant’s failure to respond.

(04-0175-CC) Estate of Kristin Laurite vs. AHTD. In this claim filed for negligence and wrongful death in the amount of $3,000,000.00 the Claims Commission unanimously denied the “Motion for Summary Judgment” filed by the Respondent. The claim will be heard as scheduled.

(00-1080-CC) Fru Con Construction vs. AHTD. In this claim filed for breach of contract in the amount of $1,704,045.44 the Claims Commission unanimously granted the Claimant’s “Motion to Dismiss.” Therefore, at the request of the Claimant, this claim is dismissed with prejudice.

CLAIMS FOR COMMISSION'S CONSIDERATION & RULING

(84077CC) Ivory J. Clinkscale vs. Dept. of Correction. Claim for $375.00 for denial of medical attention.

(85409CC) Johnny G. Witham vs. Dept. of Correction. Claim for $5,000.00 for personal injury.

(92108CCC) George H. Thorne vs. Dept. of Correction. Claim for $1,497.65 of stolen property claim.

(92183CCC) Jackie Van Dyke vs. Dept. of Human Services, Children & Family Services Division. Claim for unspecified amount for destruction of property.

COMMISSION’S RULINGS ON OUT OF DATE/FORGED WARRANTS

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 November 20th, 2003, State Claims Commission Docket.

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Joe Peacock, Co-Chair (November 20th, 2003)

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Henry Kinslow, Commissioner

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Melinda Pyle, Commissioner