Hale v. Empire Express Inc et al

Plaintiff: Sherran K Hale
Defendant: Empire Express Inc, Empire Transportation Inc and J Anthony Bradley
Case Number: 3:2016cv00120
Filed: May 3, 2016
Court: Arkansas Eastern District Court
Office: Jonesboro Office
County: Crittenden
Presiding Judge: D. P. Marshall
Nature of Suit: Motor Vehicle
Cause of Action: 28:1441
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
October 26, 2017 123 Opinion or Order of the Court ORDER granting 80 Motion and dismissing with prejudice Express Transportation, Inc. Granting 83 Motion and dismissing with prejudice the claim for punitive damages against all defendants. Mostly granting and partly denying 77 Motion. The case goes forward (against Winchester's estate and Empire Express by imputation) on Winchester's alleged negligence in various particulars related to the accident itself, in her failure to disclose the insulin-required diagnosis, and on fatigue . The case also goes forward against Empire Express on a direct negligence claim with two supervision-related components: fatigue and excess hours on duty. All other allegations of negligence against either Winchester's estate or Empire Express are dismissed with prejudice. The Court amends the 90 Final Scheduling Order. Motions in limine due by 2/28/2018; responses due by 3/28/2018; and replies due by 4/13/2018. Hearing on motions in limine set for 6/19/2018 at 10:30 a.m. in Little Rock Courtroom B-155, Richard Sheppard Arnold United States Courthouse. Signed by Judge D. P. Marshall Jr. on 10/26/2017. (jak)
September 22, 2017 113 Opinion or Order of the Court ORDER directing the parties to file simultaneous briefs on 9/29/2017. Signed by Judge D. P. Marshall Jr. on 9/22/2017. (jak)
June 21, 2017 87 Opinion or Order of the Court ORDER granting in part and denying in part 70 Motion with directions on defense experts. Signed by Judge D. P. Marshall Jr. on 6/21/2017. (jak)
June 7, 2017 76 Opinion or Order of the Court ORDER granting as modified 74 Joint Motion. On agreement of the parties, the Court strikes these parts of the 33 amended complaint: Paragraphs 23, 24 & 25; and all references to 49 C.F.R. § 391.41(b)(12)(i). Signed by Judge D. P. Marshall Jr. on 6/7/2017. (jak)
March 4, 2017 32 Opinion or Order of the Court ORDER granting as modified 23 Motion to Amend. Clean copy of the revised amended complaint due by 3/8/2017. Defendants' 22 Motion to Amend their answers is denied as moot. Answer or Rule 12 motion in response to the amended complaint due by 3/22/2017. 30 Motion granted. A Second Amended Final Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 3/4/2017. (jak)
December 13, 2016 21 Opinion or Order of the Court ORDER: 18 Joint report of discovery dispute noted. Defendants are entitled to the requested medical records because they're almost certain to contain relevant information about Robert Hale's injuries. The privilege has been waived by sui t; and the statutory protections are addressed by entry of this order. Last, as defendants say, the collateral source rule has exceptions, plus it governs only admissibility, not discoverability. Plaintiff (or the providers) must provide the records by 23 December 2016. If they come from the providers, defendants must provide plaintiff a copy. Signed by Judge D. P. Marshall Jr. on 12/13/2016. (jak)

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Plaintiff: Sherran K Hale
Represented By: David W. Hill
Represented By: Corey B. Trotz
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Defendant: Empire Express Inc
Represented By: William H. Edwards, Jr.
Represented By: Lawrence A. Sutter
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Defendant: Empire Transportation Inc
Represented By: William H. Edwards, Jr.
Represented By: Lawrence A. Sutter
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Defendant: J Anthony Bradley
Represented By: Lawrence A. Sutter
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