Herrington v. Ford Motor Co.

 Annotate this Case
Download PDF
Cite as 2009 Ark. App. 708 ARKANSAS COURT OF APPEALS DIVISION III No. CA08-624 Opinion Delivered JAMES HERRINGTON, ET AL. APPELLANTS V. FORD MOTOR CO., INC. October 28, 2009 APPEAL FROM THE WASHINGTON COUNTY CIRCUIT COURT, [NO. CV04-1313-2] HONORABLE KIM M. SMITH, JUDGE APPELLEE REBRIEFING ORDERED M. MICHAEL KINARD, Judge This case arises from a 2003 roll-over accident involving a Ford van. The twelve appellants herein sued Ford, alleging that they, their decedents, or their minor children sustained injuries as the result of Ford’s defective design and testing of the van. A jury found in favor of Ford, after which appellants filed a motion for a new trial. The circuit court denied the motion, and appellants appealed from that order. However, appellants did not include their motion for a new trial and supporting brief in their addendum. We must therefore order rebriefing prior to considering appellants’ arguments on appeal. An appellant’s addendum must include relevant pleadings, documents, or exhibits essential to an understanding of the case and the court’s jurisdiction on appeal. Ark. Sup. Ct. R. 4-2(a)(8). In this case, appellants’ new-trial motion and supporting brief are essential to our Cite as 2009 Ark. App. 708 understanding of the issues and arguments raised by the parties in their briefs. Appellants therefore have fifteen days from the date of this order in which to file a substituted brief with an addendum that contains their motion for a new trial and brief in support. See Ark. Sup. Ct. R. 4-2(b)(3). If appellants fail to file a brief with a complying addendum within the prescribed time, the judgment may be affirmed for noncompliance with Rule 4-2(a)(8). Id. Rebriefing ordered. ROBBINS and HENRY, JJ., agree. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.