Polston v. Ford Motor Company Inc

Plaintiff: Eric N Polston
Defendant: Ford Motor Company Inc
 
Case Number: 3:2008cv00206
Filed: December 23, 2008
 
Court: Arkansas Eastern District Court
Office: Motor Vehicle Prod. Liability Office
County: Lawrence
Presiding Judge: James M. Moody
 
Nature of Suit: Plaintiff
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity-Motor Vehicle Product Liability

Available Case Documents

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Date Filed#Document Text
October 26, 2010 108 Opinion or Order of the Court ORDER, regarding juror Gerald Ray Goza's employment termination, directing Chris Riggs d/b/a C&T Farms, Cash, Arkansas, to appear for a hearing & show cause. The hearing will be to determine whether the employer violated 28 U.S.C.A. Section 187 5 by terminating juror Goza. (Show Cause Hearing set for 11/5/2010 at 1:00 PM in Jonesboro Courtroom (large) #324 before Judge D. P. Marshall Jr.) Unless Riggs desires to represent himself, his lawyer should attend with him. Pursuant to 28 U.S.C. S ection 1875(d)(1), the Court construes juror Goza's report as a claim & application for counsel, & appoints William J. Stanley to represent him in this matter. The Court directs the U.S. Marshal to locate Riggs & serve this Order on him as soon as practicable. The Court directs the Clerk of the Court to serve this Order electronically on Mr. Stanley & mail the Order to juror Goza at 101 Frances Street, Cash, AR 72421. Signed by Judge D. P. Marshall Jr. on 10/26/2010. (jct)
October 26, 2010 110 Opinion or Order of the Court ORDER denying Plaintiff's motion for judgment as a matter of law; denying Defendant's motion for judgment as a matter of law. Signed by Judge D. P. Marshall Jr. on 10/26/2010. (jct)
October 27, 2010 112 Opinion or Order of the Court JUDGMENT, pursuant to 105 Jury Verdict, for Eric N. Polston against Ford Motor Company Inc. in the amount of $13,110,000.00, postjudgment interest at 0.22% per annum until the Judgment is paid, & costs as the Court may later allow. The underlying judgment amount is the $19,000,000.00 in damages the jury awarded reduced by 31% - the percentage of fault the jury apportioned to Polston. Signed by Judge D. P. Marshall Jr. on 10/27/2010. (jct)
November 5, 2010 113 Opinion or Order of the Court ORDER, pursuant to show-cause hearing, juror Gerald Ray Goza & his former employer reached a compromise. The settlement requires Chris Riggs d/b/a C&T Farms to pay Goza $2,000.00 for lost wages (less the usual withholdings for taxes & the like) & to pay Goza's attorney a $250.00 fee. Riggs agreed to make both payments by 11/12/10. This compromise strikes the Court as a reasonable resolution in the circumstances. The Court thanks Mr. Stanley for accepting the appointment as Goza's counsel & he is now discharged. Signed by Judge D. P. Marshall Jr. on 11/5/2010. (jct)
January 20, 2011 122 Opinion or Order of the Court ORDER denying 116 Plaintiff's Motion for Judgment as a Matter of Law; denying 117 Defendant's Motion for Judgment as a Matter of Law, or in the Alternative, Motion for New Trial. Signed by Judge D. P. Marshall Jr. on 1/20/2011. (jct)
October 17, 2011 146 Opinion or Order of the Court ORDER granting 145 Ford Motor Company Inc's Motion to discharge the surety on Ford's appeal bond. Safeco Insurance Company of America, as surety under Bond No. 7083, dated 11/1/10, is fully & unconditionally discharged & released from any & all past, present & future liability under Bond No. 7083. Signed by Judge D. P. Marshall Jr. on 10/17/2011. (jct)
September 20, 2010 70 Opinion or Order of the Court ORDER granting 45 Defendant's Motion in Limine; granting 46 Defendant's Motion in Limine; granting 48 Defendant's Motion in Limine; granting 50 Defendant's Motion in Limine; granting 53 Plaintiff's Motion to Dismis s his negligence, failure-to-warn, breach-of-warranty & punitive damages claims w/o prejudice & w/o conditions; granting 54 Plaintiff's Motion in Limine; granting 56 Plaintiff's Motion in Limine; denying 59 Plaintiff's Motion in Limine; denying w/o prejudice 61 Plaintiff's Motion in Limine; granting 63 Plaintiff's Motion in Limine; granting 66 Plaintiff's Motion to Clarify; denying 29 Plaintiff's Motion to Compel; denying in part 57 Plaintiff� 39;s Motion in Limine & reserving ruiling in part as stated. The Court leaves undecided 27 Plaintiff's Motion in Limine pending further discussion by the parties & report to the Court. The Court directs the parties to file simultaneous briefs on 9/27/10 regarding seatbelt usage. The Court informs the parties that the Courtroom will be available on 9/30/10 & 10/1/10 to prepare for the 10/4/10 trial. Signed by Judge D. P. Marshall Jr. on 9/20/2010. (jct)
September 27, 2010 76 Opinion or Order of the Court ORDER, per the parties' joint letter report, the Court endorses & adopts the parties' proposed & agreed solutions on the Traveler Bar Study & the buck. The Court rules Polston's statements to Deputy Harris are admissible as excited ut terances. The Court will reconsider the seatbelt-habit issue after both parties brief it. Ford has filed its brief & the Court would appreciate Polston's brief by September 29th. The Court will give the jury the option of working school-day hours or banker's hours. On the Federal Motor Vehicle Safety Standards, FMVSS210 is off the table by agreement. FMVSS 209(e) remains in. Signed by Judge D. P. Marshall Jr. on 9/27/2010. (jct)

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Plaintiff: Eric N Polston
Represented By: John Paul Byrd
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Defendant: Ford Motor Company Inc
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