The Arkansas Court of Appeals on Wednesday upheld a Craighead County circuit judge's ruling dismissing a negligence lawsuit filed by a furniture store owner against state Rep. Wes Wagner, D-Manila.
Gamble Home Furnishings owner Chris Gamble of Manila failed to present substantial evidence that the electronic sign that he lent to Wagner's campaign was damaged as a result of Wagner's negligence, the appeals court said.
The court affirmed Craighead County Circuit Judge David Laser's dismissal of the suit.
Gamble owns several furniture stores and mini-storage units in Manila and Jonesboro, which he and his brother manage.
In December 2009, he purchased for $8,150.50 an LED sign mounted on a trailer that he used daily to advertise at his businesses.
In 2010, Wagner, a friend who had attended high school with Gamble, asked to borrow the sign trailer for his state representative campaign.
There was no contract.
Testimony differed regarding who picked up the trailer sign from Gamble's Manila furniture store.
Several weeks later, Gamble called Wagner and asked him if he was going to take the sign to Gamble's Jonesboro store so Gamble could program the sign for him.
When Wagner took the sign to the Jonesboro store, Gamble saw Wagner drive into the parking lot. Gamble said the "guts were hanging out" of the sign and that he asked Wagner what had happened.
The sign was inoperable.
Gamble said Wagner indicated that he would pay for it, and Gamble took it to a sign company, which informed him that the sign was not repairable. The sign was never repaired, and both parties agreed that it could not be repaired.
Wagner said he did not do anything to damage the sign and that he drove as an "ordinary, cautious driver pulling a trailer."
The circuit judge granted Wagner's motion for a directed verdict and dismissed the lawsuit, after Gamble rested his case.
The appeals court said Gamble presented no evidence showing how the sign was damaged or who damaged it.
"It is pure speculation to conclude that the damage happened while [Wagner] was driving the sign to the Jonesboro store on the day the damage was discovered," the court said.
No witness testified to having seen the sign or Wagner with the sign before or during its transport, it said.
"It is not clear when the sign was damaged, only that it occurred after it left [Gamble's] Manila home," the court said.
There also was no evidence establishing that the sign trailer was in Wagner's exclusive possession and control, the court said in an opinion written by Judge Rita Gruber.
Judges Brandon Harrison and Rhonda Wood agreed.
Gamble said in an interview that "we are still pursuing other options on this." He declined to provide details.
Gamble said he is supporting Wagner's Republican opponent, David Wallace of Leachville, in the Nov. 4 general election.
Wagner said he agreed with the appeals court's ruling, saying "the case speaks for itself."
"It's just a personal thing for him, I guess," Wagner said.
Metro on 09/04/2014