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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, ...