LIENEMANN v. KING

No. 93-5031.

832 F.Supp. 257 (1993)

Richard LIENEMANN, as Executor of the Estate of Patricia A. Lienemann, Deceased, and Richard Lienemann, Individually, Plaintiffs, v. Steffanie D. KING, Charles Naekel, Cooper Communities, Inc., The Simmons Group Realtors, Shelter Mutual Insurance Company (Shelter Insurance Companies) and State Farm Fire and Casualty Company (State Farm Insurance Companies), Defendants.

United States District Court, W.D. Arkansas, Fayetteville Division.

September 17, 1993.


Attorney(s) appearing for the Case

Raymond C. Smith, Fayetteville, AR, Howard Miller, Tulsa, OK, for plaintiffs.

Robert L. Jones, Jr., Jones, Gilbreath, Jackson & Moll, Fort Smith, AR, and Walter B. Cox, Davis, Cox & Wright, Fayetteville, AR, for Naekel, Cooper Communities and Shelter Mut. Ins. Co.

Marshall Dale Evans, Pearson, Evans & Chadwick, and Gary V. Weeks, Bassett Law Firm, Fayetteville, AR, for Steffanie King.

Robert J. Lambert, Roy & Lambert, Springdale, AR, for State Farm Fire & Cas. Co.


MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

On April 3, 1992, Richard Lienemann, and his wife, Patricia, were passengers in an automobile driven by defendant, Charles Naekel, on State Highway 12 East of Rogers, Arkansas. At the time, Mr. Naekel was an employee of defendant, Cooper Communities, Inc., acting within the scope of his employment. As the Naekel vehicle was negotiating a curve in the highway, another motor vehicle operated by defendant...

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