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PATSY SIMMONS LTD. PARTNERSHIP v. FINCH

No. 10-8.

370 S.W.3d 257 (2010)

2010 Ark. 451

PATSY SIMMONS LIMITED PARTNERSHIP, Petitioner, v. Honorable Jay FINCH, Benton County Circuit Court, Marlene M. Seratt, Mark A. Seratt, Aurora Cortez, Dan McMillan, Respondents.

Supreme Court of Arkansas.

November 18, 2010.

Attorney(s) appearing for the Case

Roy, Lambert, Lovelace & Bingaman, LLP, by: Jimmy Roy, Jr. , and James H. Bingaman , for petitioner.

Duncan Firm P.A., Little Rock, by: Phillip Duncan , for respondents.

ROBERT L. BROWN, Justice.

Marlene Seratt, Mark Seratt, Aurora Cortez, and Dan McMillan (respondents) were all employed by Pharmerica, Inc., a pharmaceutical distribution business that leased property at 614 N. Second Street in Rogers from the Patsy Simmons Limited Partnership. On or about June 8, 2005, it was discovered that the water heater unit was not installed properly, causing inadequate ventilation and leading to the accumulation of toxic levels of carbon monoxide...

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