Schubert v. Target Stores, Inc.

2010 Ark. 466, 369 S.W.3d 717, 2010 Ark. LEXIS 578
CourtSupreme Court of Arkansas
DecidedDecember 2, 2010
DocketNo. 10-349
StatusPublished
Cited by13 cases

This text of 2010 Ark. 466 (Schubert v. Target Stores, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schubert v. Target Stores, Inc., 2010 Ark. 466, 369 S.W.3d 717, 2010 Ark. LEXIS 578 (Ark. 2010).

Opinion

DONALD L. CORBIN, Justice.

liAppellant Roger Schubert appeals the order of the Pulaski County Circuit Court directing a verdict in favor of Appellee Target Stores, Inc. On appeal, Schubert asserts that the circuit court erred in determining that there was not sufficient evidence to submit to the jury the issue of whether Target’s negligence caused Schubert’s injuries. As this is a subsequent appeal, our jurisdiction is pursuant to Ark. Sup.Ct. R. 1 — 2(a)(7) (2010). We find no error and affirm.

Only a brief recitation of the facts is necessary, as the pertinent facts were set forth in Schubert v. Target Stores, Inc., 360 Ark. 404, 201 S.W.3d 917 (2005) (Schubert I), and Schubert v. Target Stores, Inc., 2009 Ark. 89, 302 S.W.3d 33 (Schubert II). Suffice it to say, Schubert was employed by J.B. Hunt Transport, Inc., as a tractor-trailer driver. J.B. Hunt contracted with Target to provide transportation of its goods. On February 19, 1999, Schubert was dispatched to Target’s distribution center in Maumelle. Once there, he hooked up a sealed trailer that | ahad been loaded by Target’s employees with bales of cardboard boxes. Schubert then transported the load to an International Paper facility in Mansfield, Louisiana, for recycling. When Schubert opened the trailer doors, a 1,000-pound bale of cardboard fell from the trailer hitting and injuring him. After Schubert sought and received workers’ compensation benefits, he filed a negligence action against Target in Pulaski County Circuit Court. Initially, the circuit court granted summary judgment in favor of Target on the basis that Louisiana’s exclusive-remedy doctrine applied and barred Schubert’s negligence suit. This court reversed and remanded the circuit court’s order, holding that the substantive law of this state applied. Schubert I, 360 Ark. 404, 201 S.W.3d 917.

Upon remand, Insurance Company of Pennsylvania, who had paid workers’ compensation benefits to Schubert, filed a motion to intervene. The motion was granted and the matter proceeded to trial. Following Schubert’s presentation of evidence, Target moved for a directed verdict on the ground that Schubert had presented no evidence to support his claim of negligence nor could he support his claim by inference using the doctrine of res ipsa loquitur. The circuit court granted Target’s motion, but in entering its order failed to dispose of the outstanding claim in intervention. Thus, on appeal to this court a second time, we dismissed the appeal without prejudice because we lacked a final, ap-pealable order pursuant to Ark. R. Civ. P. 54(b). Schubert II, 2009 Ark. 89, 302 S.W.3d 33. The outstanding claim in intervention has now been dismissed, and Schubert again appeals the order directing a verdict in favor of Target.

^Schubert’s sole point on appeal is that the circuit court erred in granting Target’s motion for directed verdict at the close of his case-in-chief where he presented ample evidence to create a factual question for the jury. Target counters that the directed verdict was appropriate because Schubert’s theory that the accident would not have happened if Target employees had used ordinary care in loading the truck was not supported by any evidence.

In determining whether a directed verdict was properly granted, we view the evidence in the light most favorable to the party against whom the verdict was sought and give it its highest probative value, taking into account all reasonable inferences deducible from it. Mankey v. Wal-Mart Stores, Inc., 314 Ark. 14, 858 S.W.2d 85 (1993); Lytle v. Wal-Mart Stores, Inc., 309 Ark. 139, 827 S.W.2d 652 (1992). A motion for a directed verdict should be granted only if there is no substantial evidence to support a jury verdict. Boykin v. Mr. Tidy Car Wash, Inc., 294 Ark. 182, 741 S.W.2d 270 (1987). In order to constitute substantial evidence, the evidence must be of sufficient force and character to compel a conclusion one way or the other with reasonable certainty and must force the mind to pass beyond mere suspicion or conjecture. See Cadillac Cowboy, Inc. v. Jackson, 347 Ark. 963, 69 S.W.3d 383 (2002). Where the evidence is such that fair-minded persons might reach different conclusions, then a jury question is presented, and the directed verdict should be reversed. Mankey, 314 Ark. 14, 858 S.W.2d 85.

In order to establish a prima fa-cie case of negligence, Schubert had to show that he sustained damages, that Target was negligent, and that such negligence was a proximate cause |4of his damages. See, e.g., Mangrum v. Pigue, 359 Ark. 373, 198 S.W.3d 496 (2004). This court has stated that negligence is the failure to do something that a reasonably careful person would do, or the doing of something that a reasonably careful person would not do. Id.; City of Caddo Valley v. George, 340 Ark. 203, 9 S.W.3d 481 (2000). Proximate cause means a cause, which, in a natural and continuous sequence, produces damage and without which the damage would not have occurred. Mangrum, 359 Ark. 373, 198 S.W.3d 496.

A plaintiff cannot rely on inference based on conjecture to establish a claim of negligence, and the mere fact that an accident occurred is not evidence of negligence. See Nichols v. Int'l Paper Co., 278 Ark. 226, 644 S.W.2d 583 (1983). In other words, negligence is not imposed in the absence of proof. See Bess v. Herrin, 309 Ark. 555, 831 S.W.2d 907 (1992). Moreover, conjecture and speculation, however plausible, cannot be permitted to supply the place of proof. Mangrum, 359 Ark. 373, 198 S.W.3d 496. The fact that an accident occurred with nothing more is not evidence of negligence on the part of anyone. Nichols, 278 Ark. 226, 644 S.W.2d 583.

Here, Schubert claimed negligence based on his assertion that Target employees were negligent in loading the trailer with the cardboard bales, thus, causing one of the bales to fall from the trailer, striking and injuring him. To support this contention, Schubert put forth his testimony, the testimony of Rodney Schluterman, a facility-operations group leader at the Target distribution facility, and the testimony of his wife, Lorene Schubert. Schubert testified that when he reached the Mansfield facility, he removed the tamper seal and was opening the |5trailer door when a cardboard bale fell from the trailer, hitting his shoulder and hip.

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2010 Ark. 466, 369 S.W.3d 717, 2010 Ark. LEXIS 578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schubert-v-target-stores-inc-ark-2010.