Captial Bank The v. Kroger Co., The et al

Filing 71

ORDER: IT IS ORDERED AND ADJUDGED in accordance with the answer to the interrogatories herein, and 70 jury verdict, that Plaintiff take nothing on its complaint filed herein and the matter is DISMISSED WITH PREJUDICE. Denying as moot 63 MOTION for Findings of Fact and Conclusions of Law to Declare Punitive Damages Act 649 Unconstitutional filed by Bank of the Ozarks. Signed by Honorable Robert T. Dawson on March 26, 2010. (dmc) Modified on 3/26/2010 to edit text (dmc).

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION BANK OF THE OZARKS, as Special Administrator of the Estate of MABEL LILLIAN COWLE v. Civil No. 09-6040

PLAINTIFF

THE KROGER COMPANY d/b/a KROGER FOOD STORES and CRAIN ENTERPRISES, INC. d/b/a MID-SOUTH AUTOMATIC DOOR ORDER

DEFENDANTS

On the 23rd day of March, 2010, 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

March 25, 2010, when the case was submitted to the jury on interrogatories and a unanimous verdict was reached as to each interrogatory as follows: INTERROGATORY NO. 1: DO YOU FIND FROM A PREPONDERANCE OF THE EVIDENCE THAT THERE WAS NEGLIGENCE ON THE PART OF KROGER WHICH WAS A PROXIMATE CAUSE OF ANY DAMAGES SUSTAINED BY PLAINTIFF? YES X NO INTERROGATORY NO. 2: DO YOU FIND FROM A PREPONDERANCE OF THE EVIDENCE THAT THERE WAS NEGLIGENCE ON THE PART OF MID-SOUTH WHICH WAS A PROXIMATE CAUSE OF ANY DAMAGES SUSTAINED BY PLAINTIFF? YES X NO

AO72A (Rev. 8/82)

Based upon the answers to Interrogatory Nos. 1 and 2, the jury was instructed to disregard the remaining interrogatories. IT IS ORDERED AND ADJUDGED in accordance with the answer to the above interrogatories and jury verdict, that Plaintiff take nothing on its complaint PREJUDICE. filed All herein parties and are the to matter bear is

DISMISSED

WITH

their

respective costs and attorney's fees.

Plaintiff's Motion to

Declare Portions of Act 649 of 2003 Unconstitutional (doc. 63) is DENIED AS MOOT. Dated this 26th day of March 2010.

/s/Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)