Opinion

Prock v. Bull Shoals Landing

  • 2012 Ark. App. 47
  • 390 S.W.3d 78
  • 2012 Ark. App. LEXIS 113
  • 2012 WL 76072
Court
Court of Appeals of Arkansas
Filed
Jan 11, 2012
Status
Published
Author
Hart
On the bench
Abramson, Agree, Brown, Glover, Hart, Hoofman, Martin, Pittman, Robbins, Vaught
Cited by
3 cases

The opinion

JOSEPHINE LINKER HART, Judge, concurring.

The Commission found that Greg E. Prock failed to rebut the statutory presumption that his accident was substantially occasioned by his use of a controlled substance. To my mind, what is more telling of Prock’s intoxication was his failure to vent the barrel to determine whether it contained a combustible substance and to exhaust any gases that had built up in the barrel. Certainly, no one testified that it was a common practice to not examine a barrel for combustible substances before using an |igacetylene torch to cut into it. Accordingly, I concur in the majority’s decision to deny benefits.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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