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Clark v. Action Transport

August 22, 2006

JACKIE CLARK PLAINTIFF
v.
ACTION TRANSPORT, INC. DEFENDANT ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT AND PUBLIC EMPLOYEE CLAIMS DIVISION INTERVENORS



The opinion of the court was delivered by: Wm. R. Wilson, Jr. United States District Judge

ORDER

Pending is Plaintiff's Motion to Compel Defendant to allow Plaintiff's expert to review the contents of the data recorder located in the vehicle involved in the accident, which is the subject of this cause of action. In response, Defendants maintain that Ark. Code Ann. § 27-37-103 protects them from having to release the data recorder.

As is oft repeated in Attorney General Opinions, the legislation does not carry an emergency clause or a specified effective date. Acts of the General Assembly with no emergency clause or specified effective date become effective ninety days after adjournment of the session at which they were enacted.*fn1 This rule stems from Amendment 7 of the Arkansas Constitution, which gives the people "ninety days after the final adjournment of the session" to file referendum petitions. The day of adjournment is not counted, as it is not a full day during which petitions may be filed.

The 85th General Assembly adjourned sine die on May 13, 2005.*fn2 Starting with the first full day after adjournment, and counting ninety full days, acts with no emergency clause or specified effective date become effective on the ninety-first day, which in this case is August 12, 2005.

The Defendant is hereby ORDERED to allow Plaintiff's expert witness to review the contents of the data recorder contained in the Defendant's vehicle involved in the accident, which is the subject of this lawsuit.

IT IS SO ORDERED this 22nd day of ...


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