PARK PLAZA MALL CMBS, LLC v. POWELL

No. CV-16-441.

2018 Ark.App. 48

PARK PLAZA MALL CMBS, LLC, and ERMC II, LP, Appellants, v. KIMBERLY MARIE POWELL INDIVIDUALLY AND AS SPECIAL ADMINISTRATRIX OF THE ESTATE OF CHRISTIAN HAYES, DECEASED Appellee.

Court of Appeals of Arkansas, Divisions III & IV.

Opinion Delivered: January 24, 2018.


Attorney(s) appearing for the Case

Munson, Rowlett, Moore & Boone, P.A., by: Mark Breeding ; and Husch Blackwell LLP, by: Mark G. Arnold , pro hac vice, and JoAnn T. Sandifer , pro hac vice, for appellants.

Gary Holt and Associates, by: William Gary Holt ; and Baker & Schulze, by: J.G. "Gerry" Schulze , for appellees.

Cullen & Co., PLLC, by: Tim Cullen ; and Christine Mott , of counsel, Legal International Council of Shopping Centers, for amicus curiae, The International Council of Shopping Centers.


On February 28, 2013, Christian Hayes was tragically murdered by Deonte Edison and Tristan Bryant. At the time of his death, Hayes was working as an assistant manager at the Sbarro restaurant in Little Rock's Park Plaza Mall. Edison and Bryant murdered Hayes in Sbarro's leased, private space after the close of business...

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