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Wallis v. Keller

Court of Appeals of Arkansas, Division IV

May 27, 2015

MARY WALLIS, APPELLANT
v.
KATHERINE KELLER, APPELLEE

Editorial Note:

This opinion is uncorrected and subject to revision before publication in the printed official reporter.

APPEAL FROM THE BENTON COUNTY CIRCUIT COURT. NO. CV-2013-1211-5. HONORABLE XOLLIE DUNCAN, JUDGE.

Brian G. Brooks, Attorney at Law, PLLC, by: Brian G. Brooks; and Bailey & Oliver Law Firm, by: Frank H. Bailey, Sach D. Oliver; and T. Ryan Scott, for appellant.

Roy, Lambert, Lovelace, Bingham & Wood, LLP, by: Robert J. Lambert, Jr. and James H. Bingham, for appellee.

BART F. VIRDEN, Judge. GRUBER and WHITEAKER, JJ., agree.

OPINION

Page 129

BART F. VIRDEN, Judge

On February 20, 2013, motorist Katherine Keller rear-ended the vehicle driven by Mary Wallis in stop-and-go traffic on I-49 (formerly I-540). Keller eventually admitted fault. Wallis filed a claim against Keller seeking damages for pain and suffering and mental anguish. The jury found in favor of Wallis, but returned a

Page 130

verdict of zero damages. Wallis filed a motion for a new trial based on Arkansas Rule of Civil Procedure 59(a)(5) and (6), which was deemed denied. Wallis appeals, asserting that zero damages was not a verdict the jury could deliver. We affirm.

I. Facts

At trial, Keller's attorney stated in opening statements that, " it's not, folks, that they are not entitled to anything. It's not that she's not entitled to anything, it's that they've got to prove that they're entitled to $25,000 at minimum or $100,000 at maximum."

Wallis's family members testified about her reduced capacity since the accident. Wallis's son, Todd, testified that she was no longer able to attend his three children's numerous sporting events, which she had done regularly before the accident. He testified that she was a very active, busy person before the accident and that the accident " really slowed her down. It's kind of made it where she's ...


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