Kenneth Jones v. Fred"s Stores of Tennessee, d/b/a Fred"s Store
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SUPREME COURT OF ARKANSAS
No.
08-1097
Opinion Delivered October
KENNETH JONES,
2, 2008
PETITIONER,
VS.
FRED’S STORES OF TENNESSEE
d/b/a FRED’S STORE,
RESPONDENT,
QUESTION OF LAW FROM THE
UNITED STATES DISTRICT
COURT, EASTERN DISTRICT OF
ARKANSAS,
ACCEPTED.
PER CURIAM
COURTS — CERTIFICATION OF QUESTION OF LAW — CERTIFICATION ACCEPTED . — After a review of
the certifying court’s analysis and explanation of the need for the supreme court to answer
the question of law pending in that court, the supreme court accepted certification of the
following question: Whether Ark. Code Ann. § 16-55-212(b) violates the Arkansas
Constitution in requiring that any evidence of damages for the costs of any necessary medical
care, treatment, or services received shall include only those costs actually paid by or on
behalf of the plaintiff or which remain unpaid and for which the plaintiff or any third party
shall be legally responsible.
Request to Certify Question of Law from the United States District Court, Eastern District
of Arkansas; granted.
In accordance with section 2(D)(3) of amendment 80 to the Arkansas Constitution and
Rule 6-8 of the Rules of the Supreme Court and Court of Appeals of the State of Arkansas
(2007), Judge William R. Wilson, Jr., of the United States District Court for the Eastern
District of Arkansas filed a motion and certifying order with our clerk on September 19, 2008.
The certifying court requests that we answer one question of Arkansas law that may be
determinative of a cause now pending in the certifying court, and it appears to the certifying
court that there is no controlling precedent in the decisions of the Arkansas Supreme Court.
The law in question involves whether Arkansas Code Annotated section 16-55-212(b) (Repl.
2005) violates the Arkansas Constitution.
After a review of the certifying court’s analysis and explanation of the need for this
court to answer the question of law presently pending in that court, we accept certification
of the following question: Whether Arkansas Code Annotated section 16-55-212(b) violates
the Arkansas Constitution in requiring that any evidence of damages for the costs of any
necessary medical care, treatment, or services received shall include only those costs actually
paid by or on behalf of the plaintiff or which remain unpaid and for which the plaintiff or any
third party shall be legally responsible.
This per curiam order constitutes notice of our acceptance of the certification of
question of law.
For purposes of the pending proceeding in the Supreme Court, the
following requirements are imposed:
A. Time limits under Rule 4-4 will be calculated from the date of this per
curiam order accepting certification. The plaintiff in the underlying action,
Kenneth Jones, is designated the moving party and will be denoted as the
“Petitioner,” and his brief is due thirty days from the date of this per curiam;
the defendant, Fred Stores of Tennessee d/b/a Fred’s Store, shall be denoted
as the “Respondent,” and his brief shall be due thirty days after the filing of
Petitioner’s brief. Petitioner may file a reply brief within fifteen days after
Respondent's brief is filed.
B. The briefs shall comply with this court’s rules as in other cases except for the
briefs content. Only the following items required in Rule 4-2(a) shall be
included:
(3) Point on appeal which shall correspond to the certified
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08-1097
question of law to be answered in the federal district court's
certification order.
(4) Table of authorities.
(6) Statement of the case which shall correspond to the facts
relevant to the certified question of law as stated in the federal
district court's certification order.
(7) Argument.
(8) Addendum, if necessary and appropriate.
(9) Cover for briefs.
C. Oral argument will only be permitted if this court concludes that it will be
helpful for presentation of the issue.
D. Rule 4-6 with respect to amicus curiae briefs will apply.
E. This matter will be processed as any case on appeal.
F. Rule XIV of the Rules Governing Admission to the Bar shall apply to the
attorneys for the Petitioner and Respondent.
Accepted.
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08-1097
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