MINUTES OF THE

ARKANSAS STATE CLAIMS COMMISSION

July 14 & 15, 2005

June 16, 2005, the 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:

Joe Peacock, Co-Chair

Melinda Pyle, Commissioner

Charles Williams, Commissioner

Thursday, July 14th

(05-0910-CC) Davis Nursing Association vs. DHS/BHS. This claim filed for breach of contract in the amount of $166,049.00 was unanimously taken under advisement, pending receipt of records from Claimant’s legal counsel.

Attorneys: Debby Nye, for Claimant

Richard Rosen, for Respondent

(99-1508C-CC) Robert Tripp vs. SOA. This claim filed for disability scholarship benefits (monetary benefit previously awarded) was unanimously awarded to the Claimant’s spouse and three children.

Attorneys: Terrence Jensen, for Claimant

Wendy Kelley, for Respondent

(05-0734-CC) Chris Workman vs. DOH. This claim filed for pain and suffering and loss of wages in the amount of $6,000.00 was settled prior to hearing by the agreement of the parties.

Attorneys: Pro se for Claimant

Robert Brech, for Respondent

(05-0890-CC) Maranda Rusk vs. DOC. This claim for mental anguish filed in the amount of $25,000.00 was unanimously awarded in the amount of $5,000.00.

Attorney: Floyd Healey, for Claimant

Jan Scussel, for Respondent

(05-0191-CC) Thomas Karjala vs. ASP&T. This claim filed for personal injury, negligence, and pain and suffering in the amount of $2,000,000.00 was taken under advisement pending receipt of post hearing filing by the parties.

Attorney: Lamar Porter, for Claimant

Colette Honorable, for Respondent

(05-0823-CC) Steve Maynard vs. AHTD. This claim filed for personal injury and property damage in the amount of $20,000.00 was continued until a later date.

Attorney: J.R. Andrews, for Claimant

David Dawson, for Respondent

(05-0822-CC) Ronda Booth vs. AHTD. This claim filed for property damage in the amount of $3,787.26 was continued until a later date.

Attorney: Dion Wilson, for Claimant

David Dawson, for Respondent

(05-0835-CC) Kadeira Walker vs. UAPB. This claim filed for personal injury and pain and suffering in the amount of $30,000.00 was settled prior to hearing by agreement of the parties.

Attorney: Anthony Biddle, for Claimant

Melissa Rust, for Respondent

(05-0694-CC) Tracey Bellingrath/Teresa Harris vs. ASP. This claim filed for personal injury in an unspecified amount, was unanimously allowed in the amount of $13,500.00 following the presentation of a “Negotiated Settlement Agreement” by the parties and a recommendation of payment by the Respondent. A previous settlement for property damage in the amount of $3,755.00 had already been paid on this claim.

Attorney: J.T. Skinner, for Claimant

Mark Hagemeyer, for Respondent

Friday, July 15th

COMMISSION’S DECISIONS MADE ON PREVIOUSLY HEARD CLAIMS

(05-0541-CC) Edies Matlock vs. DHS/CFS. This claim filed for property damage in the amount of $5,345.32 was unanimously allowed in the amount of $4,132.00

Attorneys: Pro se for Claimant

Kathy Hall, for Respondent

(05-0528-CC) Anthony Terry vs. DOC. This claim filed for personal injury and negligence in the amount of $50,000.00 was denied and dismissed by Claims Commission majority.

Attorneys: Sheila Campbell, for Claimant

Jan Scussel, for Respondent

COMMISSION’S RULINGS ON OUT OF DATE/FORGED WARRANTS

COMMISSION’S CONSIDERATION OF MOTIONS FILED SINCE PREVIOUS MEETING

(05-0824-CC) A.D. Bradberry vs. DOC. In this claim filed for salary due in the amount of $13,316.95 the Claims Commission unanimously denied the Claimant’s “Motion for Reconsideration.” Therefore, the Commission’s April 8, 2005 order remains in effect.

(05-0862-CC) Bobby Neal, #084404 vs. DOC. In this claim filed for failure to follow procedure, negligence, and mental anguish in the amount of $10,000.00 the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss” for the reasons contained therein and the Claimant’s failure to respond.

(05-1033-CC) Deborah Fox vs. DHS/DDS. In this claim filed for salary due in the amount of $20,363.20, the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss” for the reasons contained therein and the Claimant’s failure to respond.

(05-0953-CC) Billy Charles Aaron vs. DOC. In this claim filed for loss of property in the amount of $2,250.00, the Claims Commission unanimously granted the Respondent’s “Motion to Dismiss” for the reasons contained therein.

(05-0302-CC) Donald Ray Robinson, #92239 vs. DOC. In this claim filed for loss of property in the amount of $110.00 the Claims Commission unanimously denied the “Motion for Subpoenas” filed by the Claimant.

(05-0985-CC) James Burks, #128178 vs. DOC. In this claim filed for loss of property in the amount of $51.00 the Claims Commission unanimously denied and dismissed the “Motion to Dismiss” filed by the Respondent. This claim will be set for hearing.

(03-0712-CC) Lakeland Regional Hospital vs. DOE. In this claim filed for services rendered in the amount of $1,518,611.54, the Claims Commission, while specifically and unanimously rejecting as unfounded the Respondent’s argument that Act 1763 of 2005 of the 85th General Assembly is in any way (absent specific language making it so) retroactive in application, after extensive review, unanimously granted the Respondent’s “Motion to Dismiss”. This claim is therefore denied and dismissed.

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 June 16, 2005, State Claims Commission Docket.

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Joe Peacock, Co-Chair (June 16, 2005)

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Melinda Pyle, Commissioner

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Charles Williams, Commissioner