BERRY v. LAND AND LAKE TOURS, INC.

No. 99-CV-6049, 99-CV-6052, 00-CV-6010, 00-CV-6011, 99-CV-6102, 00-CV-6195, 00-CV-6116.

169 F.Supp.2d 973 (2001)

Collie E. BERRY, Individually as Executor of Estate of Lana Jo Berry, Deceased, and On Behalf of All Statutory Beneficiaries Under the Arkansas Wrongful Death Statute Plaintiff v. LAND AND LAKE TOURS, INC., d/b/a White and Yellow Duck Sightseeing Tours, Tennessee Farmers Mutual Insurance Company, and United States of America Defendants Sandra Johnson, as Personal Representative of the Estate of Vernon Johnson, Deceased Plaintiff v. Land and Lake Tours, Inc. and United States of America Defendants James Edward Douglas McGUIRK, Individually and as Surviving Spouse and Administrator of the Estate of Melanie Nunnery McGuirk, Deceased Plaintiff v. Land and Lake Tours, Inc., d/b/a White and Yellow Duck Sightseeing Tours, and United States of America Defendants Laura L. Todd, Individually and as Surviving Spouse and Administrator of the Estate of Ronald Todd, Deceased; as Surviving Parent and Administrator of Thomas Todd, a Minor, Deceased, and as Surviving Parent and Administrator of the Estate of Emily Todd, a Minor, Deceased Plaintiff v. Land and Lake Tours, Inc., d/b/a White and Yellow Duck Sightseeing Tours and United States of America Defendants Mark Anthony Beasley and Mary Thompson, Co-administrators of the Estate of Andrea Marie Beasley, Deceased, and Mark Anthony Beasley, Administrator of the Estate of Logan Reed Beasley, Deceased Plaintiffs v. Land and Lake Tours, Inc., d/b/a, White and Yellow Duck Sightseeing Tours, and United States of America Defendants Robert Joseph Powers, Individually and as Special Administrator of the Estate of Danna Lynne Powers, Deceased, and as Guardian of the Person and Estate of Madeline Rose Powers, a minor, and as parent and next friend of Jebulon Hays Powers, a minor, Danny Morse, Sonny L. Morse, Tim Morse, and Matt Morse Plaintiff v. United States of America, and Land and Lake Tours d/b/a White and Yellow Duck Sightseeing Tours Defendants Martin Patton, Individually, and as Administrator of the Estates of Floye Patton, Deceased, James L. Patton, Deceased, and Jennifer Patton, Deceased, and Mary Ann Curry, Individually, and as Guardian of the Person and Estate of James F. Patton, a Minor Plaintiffs v. United States of America, and Land and Lake Tours d/b/a White and Yellow Duck Sightseeing Tours Defendants

United States District Court, W.D. Arkansas, Hot Springs Division.

July 6, 2001.


Attorney(s) appearing for the Case

Gary Ray Bratton, Gregory W. O'Neal, Bratton & O'Neal, PC, R. Layne Holley, McNabb, Holley, Waldrop & Bragorgos, PLLC, Mike Flexsenhar, Sacharin, Kircksey & Flexsenhar, Memphis, TN, M. Norwood Phillips, Shackleford, Phillips, Wineland & Ratcliff, P.A., El Dorado, Kenneth Mascagni, Robert Don Evans, Jr., Cook, Yancey, King & Galloway, Shreveport, LA, Winslow Drummond, McMath, Vehik, Drummond, Harrison & Ledbetter, Little Rock, Charles G. Alagood, Donald S. Ryan, Dodds, Kidd, Ryan & Moore, Little Rock, for Plaintiff or Petitioner.

Robert L. Henry, III, Barber, McCaskill, Jones & Hale, P.A., Little Rock, Q. Byrum Hurst, Hurst Law Offices, Hot Springs, David A. Hodges, Little Rock, Don G. Owens, III, Memphis, TN, Rupert M. Mitsch, Paul F. Figley, James E. Howard, U.S. Department of Justice, Washington, DC, Larry R. McCord, P.K. Holmes, III, U.S. Attorney's Office, Fort Smith, for Defendant or Respondent.


MEMORANDUM OPINION & ORDER

DAWSON, District Judge.

This matter is before the Court on Defendant United States of America's motion for summary judgment. The Court finds, for the reasons set forth below, that the Government's motion should be and hereby is DENIED.

Seven actions are now pending before the Court based on the May 1, 1999 sinking of the Miss Majestic, an amphibious truck operated by Defendant Land and Lake Tours, which resulted...

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