Nursing home negligence case was tried to a Greenwood, Arkansas jury, where the jury found Pink Bud Nursing Home was negligent in the care and treatment of Jesse Raper.

Joe Byars represented Linh Mai, who was injured in an automobile accident. Ms. Mai suffered an injury to her neck, and underwent treatment in Fort Smith and in Tulsa.

U.S. DISTRICT COURT, EASTERN DISTRICT OF OKLAHOMA

Joe Byars and Dan George served as co-counsel to our client, Tom Holbird, who was driving a log truck down Highway 59 in Arkansas, when he was forced off the roadway by an Allen Canning Co, Inc. 18 wheeler being driven in the opposite direction. While the two trucks did not actually make contact, the investigation, led by Joe Byars, established that an Allen Canning truck was in the vicinity at the time of the accident, and the eyewitness testimony of a young man in a car driving behind the Allen Canning truck said that before the accident an Allen Canning 18 wheeler was crossing the double yellow line. With witness examination by Dan George and Joe Byars, the jury certainly believed Mr. Holbird was injured by the negligent conduct of Allen Canning. Although Mr. Holbird only incurred past medical expenses of $3,741.00, he also lost his log truck, which was totaled in the accident, which had a value of $24,142.00.Yet the pretrial offer of settlement was a mere $8,000.00.

ARKANSAS CIRCUIT COURT, SEBASTIAN COUNTY

Mr. Brun suffered an injury to his foot and ankle when he was standing on a power lift, lowering a pallet load of Coca-Cola product to the ground. Mr. Brun sued Maxon Lift Corp., the manufacturer of the hydraulic lift gate, claiming the product was defective and dangerous. Maxon denied the allegations. This case involved the retention of engineering expert witnesses. The case was settled for a confidential amount prior to trial. Mr. Byars also represented Mr. Brun in connection with his corresponding worker's compensation case, which was also settled with approval of the Worker's Compensation Commission.

U.S. DISTRICT COURT, WESTERN DISTRICT OF ARKANSAS

Eddie Christian and Joe Byars served as co-counsel representing Marie Chapman in a medical malpractice action focused on the negligent insertion of an endotracheal tube by a certified registered nurse anesthetist, in which the vocal cords of the patient were not visualized prior to the placement, resulting in the perforation of Ms. Chapman's esophagus. This resulted in a subsequent hospitalization and repair of the perforation. After a three-day jury trial, the jury returned a verdict in favor of our client. Joe Byars defended and argued the appeal to the U.S. Court of Appeals for the Eighth Circuit, which affirmed the verdict in May of 2000.

CRAWFORD COUNTY, ARKANSAS CIRCUIT COURT

Plaintiffs were represented by Joe Byars, who associated with Thad Meyers, out of South Carolina in a very serious case in which the Plaintiffs alleged misdiagnosis and delayed diagnosis of a subarachnoid hemorrhage. The case was litigated over several years with many expert depositions, resulting in a settlement prior to trial.

ARKANSAS CIRCUIT COURT, BENTON COUNTY, CASE NO. CV-2005-523-5

Joe Byars represented the Plaintiff Sales Merchandising Services, Inc., in a breach of contract case against Continental Tire North America, Inc., which was represented by Friday, Eldridge & Clark (Jim Simpson). The case went to jury trial, and the jury returned a verdict in favor of our client in the total amount of $235,295.00, plus attorneys fees of approximately $40,000.00, for a total judgment of $275,695.00. The case was settled soon after the entry of the judgment against Continental Tire North America.

ARKANSAS CIRCUIT COURT, LOGAN COUNTY, CASE NO. CV-08-10

Joe Byars represented the Plaintiff, F&A Physical Therapy, Inc., asserting claims of breach of contract tortious interference with contract and declaratory judgment claims, seeking to enforce a covenant not to compete, or in the alternative, damages against the named parties. Prior to trial, a confidential settlement was reached with all parties except Booneville Community Hospital. The case proceeded to jury trial on May 5, 6, and July 26, 27, 2010, resulting in a jury verdict in favor of our client in the principal amount of $52,400.00. The court also awarded attorney's fees, resulting in a judgment in favor of our client of $82,400.00, plus costs.

497 F. 3D, 805 (8TH CIR. 2007)

Jury verdict in favor of client, Reeder-Simco GMC, Inc., in the principal amount of $1,871,750.00; judgment with RPA claim trebled pursuant to law, plus attorneys fees: $4,784,020.42. Joe Byars represented Reeder-Simco GMC in a case asserted against a manufacturer of heavy trucks, Volvo GM Heavy Truck Co., during the same time that the dealership was still a licensed dealer of Volvo. Reeder-Simco alleged unfair price discrimination under the Robison-Putman Act (RPA), and a failure to deal in good faith, and in a commercially reasonable manner under the Arkansas Franchise Practice Act (AFPA). During the pendency of the action, Reeder-Simco GMC obtained one of its largest sales in its history, selling hundreds of heavy duty truck units to a local trucking company. At trial, Reeder-Simco presented testimony of how the manufacturer failed to extend similar discounts of wholesale pricing to Reeder-Simco as it had with other heavy truck dealers. Volvo disputed the allegations, and further maintained that neither the state statute (the AFPA) nor the RPA was applicable. After the two-week jury trial, the jury found in favor of Reeder-Simco, and awarded damages of $1,358,000 on the RPA claim, and $513,750.00 on the AFPA claim. The RPA claim was trebled to $4,074,000.00. The court also awarded attorneys fees of $171,095.00 and costs of $25,175.42 for a total judgment of $4,784,029.42. The RPA claim went to the U.S. Supreme Court, which was reversed, but the AFPA claim was upheld on appeal.

CASE NO. 14-001-8577

Joe Byars represented River Valley Compounding, LLC in an arbitration proceeding initiated by Total Medical Solutions LLC in which Total Medical Solutions sought damages in excess of $500,000.00 in a breach of contract action. The case was successfully resolved prior to final hearing, after substantial discovery and motions practice before the arbitrator.

ARKANSAS CIRCUIT COURT, SEBASTIAN COUNTY

Joe Byars represented the Plaintiff, Wayne Hill d/b/a Hill's Sanitation Services in a breach of contract case against Sebastian County, which asserted that the parties did not actually enter into a valid and binding contract. After a three- day jury trial, the jury returned a verdict in favor of Mr. Hill in the amount of $ 125,000.00. The trial judge, Michael Fitzhugh, also awarded attorneys fees in excess of$ 17,000.00.

RKANSAS CIRCUIT COURT, SEBASTIAN COUNTY

Joe Byars and Eddie Christian represented the Plaintiff as co-counsel at a jury trial alleging fraud and deceit by the Defendant. After a two-day jury trial, the jury returned a unanimous verdict in favor of the Plaintiff Phil Mayberry, and judgment was subsequently entered in favor of Mr. Mayberry in the amount of $58,000.00, plus attorney's fees of $7,110.00.

ARKANSAS CIRCUIT COURT, SEBASTIAN COUNTY

Joe Byars represented John Etter in a breach of contract action against M&M Bonding, Inc. and Cody fee. The Defendant denied the existence of any agreement.