Plummer et al v. Terex Corporation et al

Defendant: Terex South Dakota Inc, MRT Manufacturing Inc, Formerly Forestry Inc, Godbersen-Smith Construction Company, John Does, Terex Corporation, Terex USA LLC and Terex Utilities Inc
Plaintiff: Dezirie Plummer and John Plummer
Case Number: 2:2012cv00192
Filed: September 25, 2012
Court: Arkansas Eastern District Court
Office: Helena Office
County: Woodruff
Presiding Judge: D. P. Marshall
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1441 Petition for Removal- Product Liability
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
April 25, 2014 102 Opinion or Order of the Court ORDER pursuant to the telephone conference held today, the Plummers' recent 30(b)(6) notice and amended notice of deposition are quashed without prejudice. Terex should provide a responsive affidavit that goes the extra mile as soon as practicable. If the parties remain in disagreement, the Court will consider a 30(b)(6) deposition at some mutually convenient date in May, notwithstanding the close of discovery at the end of April. Signed by Judge D. P. Marshall Jr. on 4/25/2014. (jak)
May 23, 2014 148 Opinion or Order of the Court ORDER: For the reasons stated on the record at the 21 May 2014 hearing, the Court makes the following order. 67 Motion denied without prejudice to limiting instructions being given at trial as need be. 80 Motion granted in part and denied without prejudice in part. Olson is qualified as an expert, but the Plummers may raise the asserted changes in his opinion by separate motion. 82 Motion granted in part and denied in part. Moore is qualified as an expert in engineering, but cannot offer t estimony on the warnings issues. 126 Motion mostly granted, except as to Geasland's testimony. 84 Motion as supplemented by 103 , is denied. 94 Motion is denied without prejudice to the Court's reconsideration. 87 Motion for Partia l Summary Judgment is denied. 86 Motion as supplemented by 105 & 111 , is granted as to the strict liability claim; denied as to the negligence, warnings, and warranty claims. 90 Motion remains under advisement. The Court granted Plummers 9; oral motion to amend their complaint. The Court further requested simultaneous brief due 30 May 2014. The trial in this case is rescheduled to begin 16 July 2014. Signed by Judge D. P. Marshall Jr. on 5/23/2014. (jak) (Docket text modified on 5/23/2014 to correct a typographical error).(jak)
July 28, 2014 204 Opinion or Order of the Court ORDER granting 202 Motion for Voluntary Dismissal. Formerly Forestry's cross-claim for indemnity against all Terex entities is dismissed without prejudice. Terex's 203 Motion to Withdraw is granted. Its 154 Motion for Leave to file a third party complaint against Bobalee Inc., is withdrawn. Signed by Judge D. P. Marshall Jr. on 7/28/2014. (jak)
July 28, 2014 205 Opinion or Order of the Court JUDGMENT re 204 Order. All claims against MRT Manufacturing Inc., Terex Corporation, Terex USA LLC, Terex Utilities Inc., and the Doe Defendants are dismissed without prejudice. All claims against Golbersen-Smith Construction Company, Formerly Forestry, and Terex South Dakota Inc., are dismissed with prejudice. Formerly Foresty's cross-claim against all Terex entities is dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 7/28/2014. (jak)
February 14, 2013 33 Opinion or Order of the Court ORDER granting 25 Motion for Summary Judgment and dismissing all claims against Godberson-Smith Construction Company with prejudice. Signed by Judge D. P. Marshall Jr. on 2/14/13. (kpr)
April 23, 2013 44 Opinion or Order of the Court ORDER attaching the report on discovery. The parties may contact the Court if new issues arise. Signed by Judge D. P. Marshall Jr. on 4/23/13. (kpr)
April 1, 2014 70 Opinion or Order of the Court ORDER granting 69 Motion for Partial Voluntary dismissal. The Plummers' claims against Formery Forestry, Inc. are dismissed with prejudice. Formerly Forestry's cross claim against Terex entities remains pending. Signed by Judge D. P. Marshall Jr. on 4/1/2014. (jak)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Arkansas Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Plummer et al v. Terex Corporation et al
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Terex South Dakota Inc
Represented By: M. Samuel Jones, III
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: MRT Manufacturing Inc
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Formerly Forestry Inc
Represented By: Joseph Wayne Price, II
Represented By: Michael Norris Shannon
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Godbersen-Smith Construction Company
Represented By: John V. Phelps
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: John Does
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Terex Corporation
Represented By: M. Samuel Jones, III
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Terex USA LLC
Represented By: M. Samuel Jones, III
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Terex Utilities Inc
Represented By: M. Samuel Jones, III
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Dezirie Plummer
Represented By: Tony L. Wilcox
Represented By: Brandon W. Lacy
Represented By: Christopher Aaron Averitt
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: John Plummer
Represented By: Tony L. Wilcox
Represented By: Brandon W. Lacy
Represented By: Christopher Aaron Averitt
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]