Logourl black
From our private database of 14,100+ case briefs...

National By-Products, Inc. v. Searcy House Moving Co.

Arkansas Supreme Court
731 S.W.2d 194 (1987)


Facts

On July 11, 1985, Robert Foley (defendant) was driving an 18-wheel tractor-trailer for National By-Products, Inc. (National) (defendant) on an Arkansas highway. The vehicle weighed 80,480 pounds, which was 480 pounds over the limit. Foley had exceeded the weight limit in the past without being disciplined by National. The Searcy House Moving Co. (Searcy) (plaintiff) was transporting a house along the same highway. When Searcy was unable to pass under a bridge, it stopped to adjust the house. While Searcy made the adjustments, traffic was routed through a single lane. Foley turned a corner on the highway going approximately 70 miles per hour, 15 miles per hour over the speed limit. Searcy was about 900 feet away. Foley made no visible attempt to slow down or stop. His tractor-trailer crashed into a vehicle carrying Stacy McGee and Lorene Staggs. It then collided into Searcy’s house and another vehicle. McGee and Staggs died. It later became apparent that Foley’s brakes were not working properly and that National was two-and-a-half months late in adjusting them. Foley himself, however, had been diligent with his personal daily and periodic inspections of the brakes. The estates of McGee and Staggs filed wrongful-death suits against Foley, National, and Searcy. Foley and National on the one hand, and Searcy on the other, cross-complained against each other. A jury heard all of the cases and awarded compensatory and punitive damages to the estates of Staggs and McGee and to Searcy. National appealed the award against it of $100,000 in punitive damages to Searcy.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Dudley, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

Dissent (Hays, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion.

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 221,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.