By DAVID NICHOL
T-H Staff Writer
A St. Francis County jury's award of $30 million in an injury lawsuit will stand, after the U.S. Supreme Court refused today to consider the appeal by Union Pacific Railroad.
The judges declined, without comment, to consider whether the punitive part of the damages was excessive.
The Arkansas Supreme Court had already upheld the award in February of this year.
Mark Davis, spokesman for the Union Pacific Railroad, stated this morning, "We don't agree and we are disappointed. But we'll adhere to the court's decision."
The lawsuit stemmed from an accident on Jan. 19, 1998, just north of U.S. Highway 70 near Goodwin. The accident, in which a garbage truck was struck by a train, killed Charles E. Rolfe of Widener.
Christopher Barber of Wynne, who was 32 at the time of the accident, suffered injuries which left him partially paralyzed, and with permanent nerve damage which causes constant, burning pain in one leg, according to Barber's attorney, Mike Easley.
The state Supreme Court agreed with the family's claim in the lawsuit, that Union Pacific did not adequately clear brush along the tracks near the crossing, despite being told several times that the crossing was unsafe.
The jury awarded $5.1 million in actual damages and $25 million in punitive damages.
"This was a career for us," said Mike Easley, attorney for Barber. "I'm more concerned with our clients and the motoring public...This verdict only amounts to nothing to the railroad, considering their assets. The St. Francis County verdict would be like you or me being fined a quarter."
Easley said, however, that the verdict would be a help to Barber and his family.
"No amount of money can compensate for a ruined life," he said. "But we are extremely happy that this decision has come down the way it did. It's been a tough fight and we're just happy it's over."
Easley continued, "The real story here is the jury punished the Union Pacific, because they (the railroad) were told numerous times that this was a dangerous crossing and that someone was going to be killed."
Easley accused the railroad of trying to cover up that it had been notified.
"We caught them covering up the fact that they had been warned, and the jury didn't like it," he said.
"In Arkansas and in other rural states they (the railroad) don't consider the cost of life to be enough to make them change their policies," Easley continued. "This is proved by the fact that in big cities, where juries will punish them with larger verdicts, they operate more safely."
According to the Associated Press, the jury award was believed to be the largest jury award approved by the Supreme Court in the state's history.
By KENDALL OWENS
T-H Staff Writer
The Forrest City Civic Center Commission is requesting a meeting with city attorney Alan Cline to clarify several issues surrounding a proposed catering contract for the facility.
Commission chairman Delores Morelon told fellow commissioners Monday that she had issues with items in the contract which calls for the commission to be "hands on" on matters she feels would be policing of the caterer. Commission member Shirley Harvell countered that the commission is the actual policing agent for any contractor at the facility.
"This commission is in fact the policing agent for this facility, and we have a right and a responsibility to make sure that the caterer is providing good quality food at reasonable prices. We have to protect the integrity of this facility and many of these issues were outlined in the contract that we actually sent to the city attorney. I have some reservations about this contract because it is very vague and very similar to the old contract," Harvell said.
While commissioners agreed that there were issues regarding the contract that needed to be questioned, one area that they didn't agree on was a clause that would provide the commission with access to the caterer's books.
"I could understand a little bit under the old contract why access to the books might be needed, but under this new contract, where the caterer will actually pay the city, I don't think that we have any business looking through his books or receipts as long as he is meeting his obligation to the city," said city council member Louise Fields, who serves as liaison between the commission and the city council.
"This contract was basically sent to us for us to endorse, and it has been approved by the city council and the city attorney. Now, we're sitting here second guessing the council and the attorney. I have said that this city needs a contract attorney and this is a good instance. If the council has approved it, all I think they want from us is an endorsement," said Harvell.
New commission member Glenn Shepherd responded to Harvell's comments. "I think that it was submitted to this commission for our endorsement, but if we have any questions I also feel that we should send it back to the council for review because we are the agency that will be responsible for the Civic Center. The people are tired of waiting on this issue, and we need to get this moving," Shepherd said.
Fields told commissioners that she would contact Cline and attempt to schedule a meeting for later this week.
In other business, Shepherd asked the commission for its support in attempting to have the kitchen overhauled prior to a new caterer taking over.
"I did a walk through of the facility before this meeting began, and that kitchen needs some major work before we allow a new caterer to go in there. We have issues with the stove and with grease and other things that we wouldn't allow to go on in our kitchens at home, and we shouldn't allow them to go on out here. We need to approach whoever it takes to make sure that we can get something done on this before anyone else even has to come in and work back there. At our next meeting, I will have a list of things with photos so that we know exactly what needs to be done," Shepherd said.
Harvell applauded Shepherd's comments. "Mr. Shepherd, I'm glad to hear you say those things because when I first came on this board I said many of the same things and had pictures to back my comments up. Maybe people will hear what is being said now that you're on here."
Shepherd also commented that more work needs to be done on the landscaping at the facility.
By DAVID NICHOL
T-H Staff Writer
The Forrest City School Board agreed Monday to enter negotiations for the possible sale of the properties on which the former Evans and Caldwell elementary schools are located.
The board directed attorney Brad Beavers to meet with the St. Francis County Fair Association which, according to a lease, has right of first refusal on the Evans property. He was also directed to enter into negotiations with the City of Caldwell concerning the Caldwell School property.
Beavers told the board that according to several attorney general opinions, school property cannot be given away, and any price paid to a school district for property must be reasonable.
However, he also said that a school district is allowed to take into consideration the use to which a piece of property may be put.
Board member Ronald Williams asked if the school district might ever consider using the Evans and Caldwell properties again. Superintendent Lee Vent answered that he is trying to get the district more centralized. Caldwell is north of town, while Evans is south, by the fairgrounds.
In other action, it was reported that the district had received one bid on three new school buses, from Ward Transportation Services, Inc. The bid was $54,339 per unit, and was accepted.
On another matter, Vent told the board that he had asked architect Dave Hodges to make a survey of school property and report back as to what may be needed. He said that in his opinion, the mechanical system at the high school is going to be a major item, and he said the cost may go to seven figures.
Some other items on the list include a metal roof for the ABC School, repairs to the roof and drainage improvement at Forrest Hills Elementary; repair leaks at the high school and administration buildings; a new roof at Stewart Elementary; asphalt paving around the greenhouse at Mustang Arena; additional cooling for the equipment and technical rooms, plus additional landscape irrigation at the junior high; addition of a central entrance with reception area and principal's office at Lincoln Middle School, along with a facade and water fountain to improve appearance; and water fountain and additional toilets at Central Elementary.
Vent said that a statewide survey of school facilities will be released soon, and said he believed a lot of the cost will come back onto the school districts.
After an executive session, it was announced that Jennifer Baxter is resigning as a third grade teacher at Forrest Hills. In addition, the following recommendations for employment were approved: Fairnetta Howard, pre-kindergarten instructional aide, Madison; Heather Allison, Eddie Carter, Sylvester Jackson, Lamanda Jacobs and Bobby Waterbury, bus drivers; Dianna Jefferson, bus monitor; Terry Toney, custodian at Central and Stewart cafeterias; Erin Marie Nash, occupational therapist with Special Services.
New board officers were also elected. The board followed tradition, and named the existing board officers to second terms. The officers include Aubrey Jayroe, president; Sandra Taylor, vice president; and Ronald Williams as secretary.
By ALAN SMITH
T-H Staff Writer
Five more reports of broken windows were on file at the Forrest City Police Department this morning, bringing the total number of similar incidents up to 19 in the past four days.
Over the weekend, 14 different incidents of broken windows ranging from private homes and vehicles to area businesses were reported in Monday's police reports. One business and two other area facilities were included in the most recent reports today.
Express Cleaners on North Washington was the one new business that reported damage on Monday morning. A slingshot pellet was found near a damaged window at the business. Damage is listed at $1,000.
Both the Forrest City Junior High School on North Division and the St. Francis County Developmental Center on South Washington reported window damage. The junior high reported that a double pane window on the east side of the building was broken out by either a BB gun or sling shot. Damage is listed at $225. The developmental center report states that someone threw a rock through a van parked at the facility causing $200 damage.
There were also two individuals who reported damage to their personal property. Dan Davis of 624 Meanus, Forrest City, reported that her 16-year-old nephew's car window had been broken out on Friday while it was parked at Forrest City High School. The damage is listed at $300. The second report was filed by Novela Scott of 880 Dillard, Forrest City. The report is incomplete, but does state that a window was shot out at her residence. The police report does not state what type of window was shot out or what the damage estimate is.
According to FCPD Criminal Investigation Division Lieutenant Dwight Duch, many of the incidents have a common thread. "I don't know that all of these broken windows are being done by the same people," said Duch, "but we have found steel ball bearings at several on the scenes. We believe that they are firing them from a sling shot from a vehicle. We have not found bearings at all the scenes, but those seem to be related."
Duch also offered some advise to people not wanting to become victims of this rash of broken glass. "Everybody needs to keep their eyes open and be aware of their surroundings. Also, if you see anything suspicious, call us and report it or report it to the crime stoppers hotline (870-261-1499). If an arrest and conviction is made from your tip, you could receive up to $1,000 from the crime stoppers fund," Duch said.
By KENDALL OWENS
T-H Staff Writer
Downtown Madison will be the site of a festival next month that city leaders hope will become an annual event.
According to Earnestein Broadway, an employee with the city of Madison, the idea for the Funfest came after a visit to the annual Autumn on the Square in Marianna.
"I went down to Marianna last month to that festival and it was really nice, and I thought that this would be something that would be good for the community of Madison. It's something that we can do for the kids that would bring everyone together for a day just to enjoy ourselves," said Broadway.
According to Broadway, the event will feature booths by area merchants and organizations.
"We're going to block off the street down by the school and down here near the church so that the area in front of city hall and the community center can be cleared for the festival. We already have several people who have rented out booth space for it, and we're just hoping that everyone will enjoy themselves," Broadway said.
In other business, council members voted to amend a permit for a business owner who last month had a permit for a gaming room revoked. Council members unanimously voted to allow Billy Allen, who received the permit for the game room this summer, to change his business to a detail shop. Last month, council members voted to revoke Allen's permit after learning that he was operating a detail shop instead of the gaming room. In related business, council members also voted to allow Allen to transfer his licensing fee for his first permit to the permit for the detail shop. The council voted to do that despite remarks from Madison Mayor James Brooks which suggested Allen purchase a separate permit.
"I understand that Mr. Allen only had his permit for a short time before it was revoked, but if a business opens and purchases a permit and then a month later closes down for some reason. If that business opens up under the same ownership but doing something different, then they are required to purchase a new permit. I don't see anything different here," Brooks said.
Council members also voted to review the proposed street and sewer department budget for 2005. Brooks told council members that an increase in sewer rates may be necessary to increase revenue for the city.
"I know that you all may not want to hear this, but we may need to look at increasing our sewer rates for next year. I understand that the sewer is already high, but you have to realize that we don't have a sustainable tax base for the city to get revenue from, and this is basically one of the only ways for us to increase our revenue. Everyone knows that we have trouble with pest control and animal control and any increased revenue could benefit the city by giving us funding for those programs," Brooks said.
For the next few weeks, Madison residents can expect to hear the storm warning siren, at least on Saturdays. Brooks told the city council last night that tests of the system will be held on Saturdays at noon for possibly the next month.
The council also gave approval to Brooks to pay a company to provide the city with an inspection of the old school building and an estimate for removal of asbestos if any is found.
A woman once again took top honors for the weekly Professor Pigskin, but this time it was not three-time winner Tiffany Billingsley.
Ellen Knoble of Caldwell, Ohio, was one of three people who only missed five games in a week that saw most people incorrectly pick the winner of the Palestine-Wheatley/Barton high school game and the South Carolina/Ole Miss game in the college ranks.
Knoble beat out Dodie Danehower of Forrest City and Mike Coats of Colt, after the tiebreaker was used for the Forrest City/Cabot game. Each entrant must make a guess at the final score of the tiebreaker game and the one person coming closest to the final winning margin is named the winner.
This week's selection of Pigskin Picks can be found inside today's Times-Herald.
The Foundation for the Mid South's Communities of Opportunity Initiative will hold a follow up session for nonprofit early childhood education programs at the Forrest City Cyber Café on Thursday, Oct. 14, at 5:30 p.m.
The purpose of the session is to introduce those involved in early childhood education to the Initiative and how they can participate in the and benefit from the work being done in their community.