Schubert v. Target Stores, Inc.
2010 Ark. 466
| Ark. | 2010Background
- Schubert, a J.B. Hunt driver, was injured when a 1,000-pound bale fell from a Target-loaded trailer at Target's Mansfield, Louisiana facility.
- Schubert sued Target in Pulaski County Circuit Court after Workers’ Compensation benefits were paid.
- Initial summary judgment favored Target based on Louisiana exclusive-remedy doctrine; Arkansas law was later held applicable on remand.
- Insurance Company of Pennsylvania, paying Schubert’s workers’ comp benefits, intervened in the suit.
- On remand, Target moved for a directed verdict after Schubert presented evidence; the circuit court granted the motion but did not dispose of the intervention claim.
- This Court previously dismissed Schubert II for lack of finality; the intervention issue has since been resolved, and the current appeal challenges the directed-verdict order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial evidence supported negligence against Target | Schubert argues ample evidence showing Target’s loading caused the bale to fall. | Target contends no evidence supports negligence or res ipsa loquitur. | No substantial evidence; directed verdict affirmed. |
| Whether res ipsa loquitur applies to allow an inference of negligence | Schubert asserts exclusive control by Target supports res ipsa loquitur. | Target argues res ipsa loquitur does not apply due to lack of evidence eliminating other causes. | Res ipsa loquitur does not apply. |
Key Cases Cited
- Mangrum v. Pigue, 359 Ark. 373, 198 S.W.3d 496 (Ark. 2004) (negligence and proximate cause standards; res ipsa considerations)
- Nichols v. Int'l Paper Co., 278 Ark. 226, 644 S.W.2d 583 (Ark. 1983) (requisites for res ipsa loquitur; burden of proof)
- Barker v. Clark, 343 Ark. 8, 33 S.W.3d 476 (Ark. 2000) (res ipsa loquitur when defendant’s control is shown and other conditions apply)
- Bess v. Herrin, 309 Ark. 555, 831 S.W.2d 907 (Ark. 1992) (negligence proof required absent res ipsa)
- Cadillac Cowboy, Inc. v. Jackson, 347 Ark. 963, 69 S.W.3d 383 (Ark. 2002) (standard for substantial evidence in directed-verdict context)