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Samples v. Samples

Citations: 1991 Ark. LEXIS 356; 306 Ark. 184; 810 S.W.2d 951Docket: 91-68

Court: Supreme Court of Arkansas; July 1, 1991; Arkansas; State Supreme Court

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A negligence suit was brought by Jay Samples against Genell Samples, Mark Summers, and D.L. Sitton Motor Lines following an automobile accident where the Ryder truck, driven by Genell, was struck from behind by Summers during his employment. The trial court ruled in favor of the defendants, concluding that none were negligent. Samples appealed, arguing that the trial court erred by improperly instructing the jury on "sudden emergency," misled the jury, and that the verdict lacked substantial evidence due to the absence of proof that the accident was unavoidable. 

The appeal was dismissed due to significant noncompliance with Arkansas Supreme Court Rule 9, which mandates that an appellant's abstract must provide a comprehensive and impartial summary of key documents and proceedings. Critical components of the case, including the jury instruction on sudden emergency, a motion for directed verdict, and essential pleadings like the appellees' answer and notice of appeal, were not included in Samples's abstract. The court emphasized that his abstract failed to meet the fundamental requirements for understanding the issues at hand, despite being given an additional chance to correct it. The judgment of the lower court was thus affirmed.