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Regions Bank v. White

United States District Court, E.D. Arkansas, Western Division
Jun 19, 2009
NO. 4:06CV01475 JLH (E.D. Ark. Jun. 19, 2009)

Summary

dismissing negligent retention, hiring, and entrustment claims where employer admitted vicarious liability and there was no claim for punitive damages

Summary of this case from Riffey v. CRST Expedited, Inc.

Opinion

NO. 4:06CV01475 JLH.

June 19, 2009


ORDER


Regions Bank has filed a motion in limine asking the Court to exclude any evidence or mention of insurance, workers' compensation, or other collateral sources that may have paid medical and funeral expenses that are claimed as damages in this case. The defendant admits that benefits paid under workers' compensation are not admissible for the purpose of mitigation or reduction of damages but might be admissible under circumstances explained by the Supreme Court of Arkansas in Montgomery Ward Co., Inc. v. Anderson, 334 Ark. 561, 566, 976 S.W.2d 382, 384-85 (1998). Therefore, without objection, Regions Bank's motion first motion in limine is granted as to evidence that would be excluded by the collateral source rule as adopted by the Supreme Court of Arkansas.

Regions Bank also has moved in limine asking for a declaration that Ark. Code Ann. § 16-55-212(b) is unconstitutional and prohibiting the defense from relying on that statute at trial. The Supreme Court of Arkansas has recently held that Ark. Code Ann. § 16-55-212(b) is unconstitutional. Johnson v. Rockwell Automation, Inc., ___ S.W.3d ___, 2009 WL 1218362 (Ark., April 30, 2009). This Court obviously will follow the holding of the Supreme Court of Arkansas and will not allow the defendants to rely on that statute at trial.

Regions Bank's first motion in limine regarding collateral sources is GRANTED. Document #51.

IT IS SO ORDERED.


Summaries of

Regions Bank v. White

United States District Court, E.D. Arkansas, Western Division
Jun 19, 2009
NO. 4:06CV01475 JLH (E.D. Ark. Jun. 19, 2009)

dismissing negligent retention, hiring, and entrustment claims where employer admitted vicarious liability and there was no claim for punitive damages

Summary of this case from Riffey v. CRST Expedited, Inc.
Case details for

Regions Bank v. White

Case Details

Full title:REGIONS BANK, as Special Administrator for the Estate of Travis Lynn Hill…

Court:United States District Court, E.D. Arkansas, Western Division

Date published: Jun 19, 2009

Citations

NO. 4:06CV01475 JLH (E.D. Ark. Jun. 19, 2009)

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