Everyone has heard of the term “bedsore”.  Medical care experts refer to bedsores and decubitus ulcers as pressure ulcers.  Pressure ulcer prevention and treatment continue to be huge issues in hospitals and nursing homes.  Many people are aware of the danger of pressure ulcer development in nursing homes but are not as aware that this is a major concern for patients in hospitals, particularly if they are immobile. McMath Woods has handled numerous pressure ulcer/bedsore cases, including one against an Arkansas hospital resulting in a jury verdict of 1.5 million dollars.

Hospital pressure ulcer cases are unique as staffing and reporting requirements can differ from nursing home cases.  As our population is aging and life expectancy is increasing, longer acute care hospital stays seem to be occurring.  These longer acute care hospital stays increase the risk of pressure ulcers.  Pressure ulcers have been defined by the National Pressure Ulcer Advisory Panel (NPUAP) in conjunction with the European Pressure Ulcer Advisory Panel (EPUAP) as localized injury to the skin and/or underlying tissue usually over a bony prominence, as a result of pressure, or pressure in combination with shear.

When a customer is attacked or assaulted and injured at a bar, shopping mall, or other public space they may have a case not only against the attacker, but also against the business owner or commercial real estate management company. Under Arkansas law, certain commercial property owners and businesses owners owe a customer a duty to protect them from reasonably foreseeable dangers, including criminal acts. These types of cases, commonly referred to as negligent security cases, can stem from fights, shootings, or even sexual assaults at places such as bars and restaurants, shopping malls, convenience stores, or strip shopping centers.  

Owners, business operators and their security contractors can be found at fault and responsible when the cause of a harmful event, such as an assault, stabbing or shooting, is foreseeable or avoidable with proper safety procedures. What makes a particular act foreseeable under Arkansas law depends on what other types of attacks, shootings, stabbings, or other criminal acts have occurred on or near the business or property before the customer suffers injury. Shopping malls and common areas in and around businesses are public spaces that people should be able to enjoy their shopping experience without suffering from violent attack. McMath Woods has handled these types of cases and understands how stressful these situations can be on families and how complex these cases can be legally.

While there are state and federal regulations in place to protect our citizens, environment, and natural resources, there are entities out there that disregard those laws. When they do that, they are not only harming our planet but the the people within our communities. If you’ve been affected by another party’s illegal environmental actions, our Little Rock environmental lawyers can help.

Environmental law exists to protect and regulate our natural resources for the benefit of everyone. If a person or company breaks an environmental law and others suffer as a result, that party should be held accountable for their actions, so they do not harm anyone again. You may be concerned about the possible risks you and your family could be subjected to. Let’s take a look at some of the primary environmental concerns Arkansas residents should know about.

As responsible drivers, we understand the necessity of obeying all the established traffic laws. Unfortunately, there are drivers out there that choose to ignore these laws. When individuals make those choices, they’re putting their lives, as well as the lives of others on the road, in danger. If you’ve been injured in a car accident as a result of another driver’s negligence, our Little Rock car accident lawyers are prepared to help you with your case.

According to the 2014 Arkansas Crash Summary, there were a total of 60,947 vehicle accidents reported – a 4.3 percent increase from 2013. Of those accidents 436 of them were fatal, resulting in the wrongful loss of 470 lives. Nearly half of those lost lives resulted from drivers who were under the influence of drugs or alcohol.

As you can see, car accidents are a common occurrence on Arkansas’ roads. Many of these accidents result from broken traffic laws. Let’s take a look at which of these laws are broken most often.

Carter C. Stein, Managing Partner of McMath Woods, PA, was featured in the July 1 edition of the Arkansas Democrat Gazette for his dedication and active roles within Little Rock’s Junior Deputy Baseball program. The article, Volunteer Throws Support Behind Junior Deputy Ball, highlights Stein’s history with the program from his childhood to his involvement now as a board member, coach and parent. Junior Deputy Baseball serves more than 1,000 children, ranging in age from 4 to 15, and multiple leagues.

Stein’s litigation practice focuses on injury and wrongful death. Stein has been an active member of the Arkansas Trial Lawyers Association since joining the bar. He has served on the Arkansas Trial Lawyers Association Board of Governors since 2008 and was named the 2010 Outstanding Member of the Arkansas Trial Lawyers Association Young Lawyers Division. Stein graduated from the University of Arkansas in 2000 with a B.A. in History. He earned his J.D. from the University of Arkansas at Little Rock William H. Bowen School of Law in 2003.

MidCon Gathering LLC, represented by McMath Woods PA’s John D. Coulter and Preston T. Kamin of Gray Reed & McGraw LLP, received a defense verdict in a suit after Stephen Carleson and his company, Producers Credit Protection Group, Inc., alleged he developed a credit facility for the company but wasn’t paid $1.6 million he was owed. U.S. District Judge Brian S. Miller, of the U.S. District Court for the Eastern District of Arkansas, Western Division ruled that he didn’t have the necessary insurance license to carry out the deal.

It was ruled that the “credit facility” Carleson and his company, helped develop acted as a “credit insurance policy” issued by a third party for MidCon’s benefit. However, Carleson does not have a license to sell insurance in Arkansas. This resulted in a fatal problem.

On Friday, June 15, 2018, approximately 200 children within the Little Rock community graduated from Safety Town, a fun five-day safety awareness program designed for rising kindergartners. Through the use of music, crafts, movies, books, community speakers and a child-sized town, the curriculum focuses on basic safety lessons that the children use for the rest of their lives.  McMath Woods P.A. was again a proud lead sponsor of this vital community program.  In addition to providing volunteers throughout the week, McMath Woods P.A. took an active role in adding a distracted driving component to the curriculum, and for each graduate, donated a CD of 22 safety songs written and produced by Brian Kinder.

“We are grateful to Mayor Wendy Saer for her dedication to this outstanding program and for creatively incorporating distracted driving into the week’s curriculum. Now with technology at everyone’s fingertips and the number of automobile catastrophes due to cell phone usage drastically increasing, it’s imperative that children understand the concept of distracted driving. Our hope is that if they are aware, then they can remind parents that a phone call or text isn’t more important than their safety. And, of course, one day when they are old enough to drive, we hope they remember the valuable lessons learned at Safety Town,” says Carter Stein, McMath Woods Managing Partner.

Safety Town has been an annual program in Central Arkansas and operated solely by volunteers since 1984.

Arkansas Democrat-Gazette opinion columnist John Brummett spoke to McMath Woods partner and Arkansas Senator Will Bond.  To see what Will said, click on John Brummett’s column here.

We take many calls concerning medical negligence cases, and we frequently get inquiries from people who claim their doctor delayed in diagnosing their cancer. These cases can be difficult to evaluate for the following reasons:

1) Proximate Cause – Did the delay cause any damage?

2) Burden of Proof – Is there actual proof the diagnosis was missed, such as a radiology study that required follow up?

3) Differing types of cancer have different cure rates, growth rates, etc.

Legally, the biggest issue in a delayed diagnosis cancer case is lost chance of survival. Let’s take a look at some case examples to better understand this concept.

I often receive phone calls about liability insurance carriers not wanting to pay for all of the debt associated with a motor vehicle that has been totaled.  According to Arkansas’s jury instructions, the liability insurance carrier must only pay the difference in fair market value immediately before and immediately after the wreck.  See AMI 2210.  Fair market value is defined as “the price the [motor vehicle] would bring on the open market in a sale between a seller who is willing to sell and a buyer who is willing and able to buy after a reasonable opportunity for negotiations.”  See AMI 2221.  The amount the vehicle owner owes is irrelevant to the market value of the vehicle.

If your vehicle is totaled, you owe $10,000 on the vehicle, and the fair market value of the vehicle is $8,000, then you are upside down $2,000.  Stated differently, there is a gap of $2,000.  This is where good gap insurance coverage comes in handy.  A well written gap insurance policy will cover the $2,000 you are upside down on the vehicle.  As with most types of insurance coverage, there are good policies and bad policies.  When purchasing gap insurance, you must read the fine print to determine whether you are paying for a policy that covers the outstanding debt on the vehicle or only the fair market value.  As discussed in the first paragraph, the liability insurance carrier is required to pay the fair market value of the vehicle so gap insurance that only covers the fair market value is of limited benefit to the consumer.  For more information on how gap insurance works and the type of policy you need, check out the following link from the Arkansas Attorney General’s Office: https://arkansasag.gov/programs/consumer-protection/my-vehicle/gap-insurance