Willsey v. Shelter Mutual Insurance Company

Filing 135

JUDGMENT in favor of Defendant Shelter Mutual Insurance Company against Plaintiff Charles Willsey. Case is dismissed with prejudice, all parties are to bear their respective costs and attorney's fees. Signed by Honorable Robert T. Dawson on December 17, 2013. (sh)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION CHARLES A. WILLSEY, Individually and as the Special Administrator of the Estate of CYNTHIA K. WILLSEY, Deceased V. PLAINTIFF CIVIL NO. 12-2320 SHELTER MUTUAL INSURANCE COMPANY DEFENDANT JUDGMENT On the 11th day of December, 2013, this matter came on for trial to a duly selected jury consisting of eight members, the Honorable Robert T. Dawson presiding. The trial continued until December 16, 2013, when the case was submitted to the jury on interrogatories and a unanimous verdict was reached as follows: INTERROGATORY NO. 1: ON PLAINTIFF’S CLAIM THAT SHELTER WAS GUILTY OF BAD FAITH IN AN ATTEMPT TO AVOID LIABILITY UNDER ITS POLICY ISSUED TO PLAINTIFF AS SUBMITTED IN INSTRUCTION NO. 11, WE THE JURY FIND IN FAVOR OF: PLAINTIFF DEFENDANT X Based upon the answer to Interrogatory No. 1, the jury was instructed to disregard the remaining interrogatories. IT IS ORDERED AND ADJUDGED in accordance with the answer to the above interrogatory and jury verdict, that Plaintiff take nothing on his complaint filed herein and the matter is DISMISSED WITH PREJUDICE. All parties are to bear their respective costs and attorney’s fees. Dated this 17th day of December 2013. /s/Robert T. Dawson Honorable Robert T. Dawson United States District Judge

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