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McAlphin v. Carnes

United States District Court, E.D. Arkansas, Western Division

January 31, 2019

JAMES MCALPHIN, PLAINTIFF
v.
DENNIS CARNES, DEFENDANT

          JUDGMENT

          Kristine G. Baker United States District Judge

         This matter came for trial by jury on the 29th day of January, 2019. Plaintiff James McAlphin appeared with his attorney Mark H. Allison. Defendant Dennis Carnes appeared with his attorneys William C. Bird, III, and LaKesia Rhea Morrison. All parties announced ready for trial. A jury of twelve was selected and sworn.

         On January 31, 2019, the jury returned a verdict as follows:

         VERDICT

Note: Complete Question 1 by writing in the name required by your verdict. After you have done so, please have the foreperson sign and date your response to Question 1 and proceed to Question 2.
Question 1: On plaintiff James McAlphin's state law claim against defendant Dennis Carnes as submitted in Instruction No. 4, we find in favor of
Defendant Dennis Carnes
Plaintiff James McAlphin or Defendant Dennis Carnes Bennie Lackie
Note: Complete Question 2 if you found in favor of plaintiff James McAlphin in response to Question 1. After you have done so, please have the foreperson sign and date your response to Question 2 and proceed to Question 3. If you found in favor of defendant Dennis Carnes in response to Question 1, please do not respond to Question 2 and instead proceed to Question 3.
Question 2: We, the jury, find that plaintiff James McAlphin has proved by a preponderance of the evidence on his state law claim that defendant Dennis Carnes' conduct was:
Negligent
Malicious
(Please put an “X” by either negligent or malicious)
Note: If you find in favor of plaintiff James McAlphin in response to Question 1, then you should answer Question 3. After you have done so, please have the foreperson sign and date your response to Question 3 and proceed to Question 4. If you found in favor of defendant Dennis Carnes in response to Question 1, ...

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