Cooley v. Fred's Stores of Tennessee Inc

Filing 47

JUDGMENT entered in favor of defendant Fred's Stores of Tennessee, Inc. and against Lisa Cooley. The relief requested is denied. Signed by Judge Kristine G. Baker on 03/22/2016. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION LISA COOLEY v. PLAINTIFF Case No. 2:15-cv-00020-KGB FRED’S STORES OF TENNESSEE, INC. DEFENDANT JUDGMENT This matter came for trial by jury on the 21st day of March, 2016. Plaintiff Lisa Cooley appeared through her attorney Shannon D. Elsea. Defendant Fred’s Stores of Tennessee, Inc. appeared through its attorney Richard D. Underwood. All parties announced ready for trial. A jury of twelve was selected and sworn. On March 21, 2016, the jury returned a verdict as follows: VERDICT 1. Do you find from a preponderance of the evidence that there was negligence on the part of Defendant Fred’s Stores of Tennessee, Inc.? ANSWER: NO (Yes or No) /s/ James Pearson FOREPESON March 21, 2016 DATE NOTE: If your answer to Question Number 1 is “No,” then stop here and return the verdict form to the Court Security Officer. If your answer to Question Number 1 is “Yes,” then proceed to Question Number 2. 2. Do you find from a preponderance of the evidence that there was negligence on the part of Plaintiff Lisa Cooley? ANSWER: (Yes or No) /s/ _______________________________ FOREPESON _______________________________ DATE NOTE: 3. If you answered both Question Number 1 and 2 above “Yes,” then proceed to Question Number 3. If you answered Question Number 1 “Yes” but Question Number 2 “No,” do not answer Question Number 3 but proceed to Question Number 4. Using 100% to represent the total responsibility for the occurrence and any injuries or damages resulting from it, apportion the responsibility between the parties whom you have found to be responsible. ANSWER: Fred’s Stores Of Tennessee, Inc. % Lisa Cooley % /s/ _______________________________ FOREPESON _______________________________ DATE NOTE: If you answered Question Number 1 “Yes,” you must answer Question Number 4. 2 4. Do you find from a preponderance of the evidence that Plaintiff Lisa Cooley suffered damages proximately caused by the negligence of Fred’s Stores of Tennessee, Inc.? ANSWER: (Yes or No) /s/ _______________________________ FOREPESON _______________________________ DATE NOTE: 5. If you answered Question Number 4 “Yes,” you must answer Question Number 5. If you answered Question Number 4 “No,” then stop here and return the verdict form to the Court Security Officer. State the amount of damages you are awarding Lisa Cooley, if any, without regard to the apportionment of fault in Question Number 3. ANSWER: $ /s/ _______________________________ FOREPESON _______________________________ DATE Judgment is therefore entered in favor of defendant Fred’s Stores of Tennessee, Inc. and against plaintiff Lisa Cooley. The relief requested is denied. Dated this the 22nd day of March, 2016. ____________________________________ Kristine G. Baker United States District Judge 3

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