# Prock v. Bull Shoals Landing

> Court of Appeals of Arkansas · January 11, 2012 · 2012 Ark. App. 47

URL: https://www.frixlaw.com/law-library/cases/5112388

## Case

- **Full name:** Greg E. PROCK v. BULL SHOALS LANDING, American Home Assurance, and AIG Claims Services
- **Court:** Court of Appeals of Arkansas
- **Decided:** January 11, 2012
- **Citations:** 2012 Ark. App. 47; 390 S.W.3d 78; 2012 Ark. App. LEXIS 113; 2012 WL 76072
- **Precedential status:** Published
- **Opinion:** Concurrence by Hart
- **Judges:** Abramson, Agree, Brown, Glover, Hart, Hoofman, Martin, Pittman, Robbins, Vaught
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5112388

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5112388. Public record. Not legal advice.