Sherman v. Keene, 74--79
| Decision Date | 01 July 1974 |
| Docket Number | No. 74--79,74--79 |
| Citation | 256 Ark. 850,510 S.W.2d 870 |
| Parties | Wendell SHERMAN, by his Father and Next Friend, William Sherman, Appellant, v. George KEENE and Kaylor Dickerson, Appellees. |
| Court | Arkansas Supreme Court |
Hardin, Rickard & Harmon by Curtis E. Rickard, Benton, for appellant.
McMillan & McMillan by H. W. McMillan, Arkadelphia, for appellees.
This suit was brought on behalf of Wendell Sherman for injuries allegedly received when George Keene, an employee of Kaylor Dickerson, appellee, inserted a high pressure hose into the rectum of Wendell Sherman and released pressured air into his body. This appeal is from a summary judgment granted Dickerson. It is contended the judgment was entered without notice and that there were material issues of fact for the jury's consideration.
Kaylor Dickerson operated a retail gas and oil station in Saline County. It appears that Dickerson spent considerable time away from the station, leaving it in charge of an employee. On the day in question Dickerson was away. Wendell Sherman and his brother, along with some other young men, were at the station consuming cold drinks. George Keene is alleged to have suddenly grabbed Wendell Sherman and inserted the air hose as heretofore related.
The allegations against Kaylor Dickerson were not based on respondeat superior. Seven acts of negligence were alleged against Dickerson. They were: (1) failure to adequately supervise his employees, (2) failure to properly instruct them in the proper behavior in the performance of their duties, (3) failure to instruct them in the proper treatment of customers, (4) failure to provide a safe place of business for the customers, (5) hiring an individual whom he knew or should have known would tease or torment invitees on the premises, and (7) leaving his premises in control and in charge of one who permitting card playing and other frivolous activities to take place on the premises. Allegation No. 6 is repetitive.
Kaylor Dickerson filed an answer in the form of a general denial. Dickerson then propounded sixteen interrogatories to appellant and they were timely answered. Dickerson then took the discovery depositions of all of appellant's witnesses, Ray Carter, Joey Sherman, Wendell Sherman, and William Sherman. The foregoing documents were filed and accompanied by a motion by Dickerson for summary judgment. The only instrument filed by appellant in response to the motion for summary judgment was a short unverified brief. Two weeks later the trial court granted summary judgment.
One week after the granting of the summary judgment appellant filed an instrument styled 'Objections and Exceptions'. That instrument pointed out that the judgment was granted without a formal hearing. It was also argued that ample...
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Purser v. Corpus Christi State Nat. Bank
...motion is not always fatal to a summary judgment, when the party against whom the judgmet is rendered is not prejudiced. Sherman v. Keene, 256 Ark. 850, 510 S.W.2d 870. There was error in the premature entry of the judgment in this case and unless it is manifest that the error is not prejud......
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BWH, Inc. v. Metropolitan Nat. Bank
...§ 29-211 is not always fatal to a summary judgment when a party against whom the judgment is entered is not prejudiced. Sherman v. Keene, 256 Ark. 850, 510 S.W.2d 870; Purser v. Corpus Christi State National Bank, 258 Ark. 54, 522 S.W.2d 187. Although we do not approve of the disposition of......