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HomeMy WebLinkAbout181-92 RESOLUTIONRESOLUTION NO. 181-92 A RESOLUTION AUTHORIZING THE SETTLEMENT OF LOONEY V. TAYLOR, U.S. DISTRICT COURT OF WESTERN ARKANSAS, NO. 92-5061 1N THE AMOUNT OF 530,000 AND APPROVING A RELATED BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Attorney is hereby authonzed to accept the settlement offer of the Plaintiff, Earl Dean Looney and the City is directed to pay to the Plaintiff the sum of $30,000 in full settlement of Looney v. Taylor, U.S. Distnct Court of Western Arkansas, No. 92-5061 and approves a related budget adjustment. PASSED AND APPROVED this 9th day of _ December , 1992. APPROVED: By: ATTEST: By: b )11,n44 - Sherry L. Thomas, City Clerk ��2(. �i^ate✓7.•/ Fred Hanna, Mayor r L MINUTES OF A CITY COUNCIL MEETING A special meeting of the Fayetteville City Council was held Wednesday, December 9, 1992, at 9:20 a.m. in Room 326 of the City Administration Building, 113 West Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Fred Vorsanger, Len Edens, Stephen Miller, Kit Williams, Conrad Odom, and Woody Bassett; City Attorney Jerry Rose; City Clerk Sherry Thomas; Administrative Services Director Ben Mayes; Public Works Director Kevin Crosson; Planning Management Director Alett Little; members of press, staff, and audience. ABSENT: Aldermen Joan Chapman and Heather Faddoul. CALL TO ORDER Mayor Hanna called the meeting to order with six Aldermen present. ENVIRONMENTAL COMMITTEE Mayor Hanna stated Alderman Chapman had asked if he would create a committee to address environmental concerns of issues and report to the Council. She stated she would like to be on the committee and felt Alderman Miller would like to as well. Mayor Hanna stated he would like to have three or four aldermen on the committee. Aldermen Vorsanger and Edens stated they did not want to be on the committee. ADVERTISING & PROMOTION COMMISSION APPOINTMENTS Mayor Hanna stated the Chamber of Commerce was requesting appointments be made to the Advertising and Promotion Commission. The mayor is automatically appointed to the commission. He nominated Fred Vorsanger and Woody Bassett to the commission. There were no other nominations. Upon roll call, the motion passed unanimously. SETTLEMENT OFFER/TAYLOR CASE City Attorney Rose stated that as the city's attorney, he is morally obligated to bring any and all settlement offers before the Council. A settlement offer has been made in the Earl Dean Looney v. Dennis Taylor, Police Officer case. Ron Woodruff, attorney for Looney, and Dan Bufford, attorney for Scottsdale Insurance, the city's errors and omissions insurance carrier, are both present. City Attorney Rose stated Mr. Looney was arrested in August of 1991 at a place called Chili Billy's. The case stems from the complaint that the booking officer, Dennis Taylor, used excessive and unreasonable force and held Mr. Looney in a "headlock". December 9, 1992 Police Chief Watson investigated and eventually fired Mr. Taylor. Taylor appealed to the Civil Service Commission. The Civil Service Commission rules that Mr. Taylor had used excessive force; however, they felt firing was too strong an action for the offense. They reinstated Mr. Taylor after their recommended suspension time period. Subsequently, Mr. Looney filed a civil suit claiming his federal civil rights had been violated. Rose stated there are two parts to a lawsuit: (1) liability and (2) damages. The City is not liable for any of the use of excessive force by Mr. Taylor because there is not policy or matter of course by the police department in any way condoning excessive force. Damages is the part of the suit that we are concerned with in this case. Damages are a weakness in the Looney case. He is claiming neck and back injuries as a result of the claimed use of force. He has some $8,000 plus medical bills. Mr. Looney's physicians have been deposed, and some of them feel Mr. Looney may be exaggerating and even malingering his injuries in order to get more of a settlement. In addition, Mr. Looney's credibility could be questionable since he has had previous back injuries and because he has a prior criminal history as well as having been arrested during this incident for drug and drug related offenses. He may have some jury appeal in the fact that the police officer used force against him and caused injuries. The 1983 Civil Rights Law stated that if the plaintiff wins, even if he is awarded only $1 in damages, his attorney fees will be paid by the defendant. As previously stated, the City would not be liable because there is no policy or custom of using excessive force. However, Mr. Taylor, as an employee of the City, is covered under the City's errors and omissions policy with Scottsdale Insurance. There is a $50,000 deductible on this policy. In addition to the deductible amount, the City has to pay its own attorney fees. Mr. Looney has offered to settle for $30,000. Alderman Edens asked if the Council accepts the offer, who pays the attorney fees. City Attorney Rose stated the $30,000 to Looney would end the case with him. Looney would use the $30,000 to settle all his debts, i.e., medical bills, attorney fees, etc. The City would still have to pay an additional amount to Mr. Bufford for his defense of the case on the city and Mr. Taylor's behalf. Alderman Bassett stated he would have to abstain from this vote because his firm sometimes represents Scottsdale Insurance But, he did offer that any time a case goes to trial, it is merely a crap shoot because no one can ever predict what a jury might do. t J December 9, 1992 He advised the Council to consider this risk. He felt under the circumstances, the $30,000 figure was reasonable. Ron Woodruff, attorney for Mr. Looney, addressed the Council and stated this case was not to be intended in any way to be an indictment against the police department or Chief Watson. His client was not a previous felon, and is not as disreputable as perhaps City Attorney Rose indicated he might be. The rule of thumb in his firm is to try and get three times the medical bills plus attorney fees, which in this case would make the $30,000 settlement offer in the ballpark. He feels his client definitely has a good case and will win in court. Dan Bufford, representing Scottsdale Insurance, addressed the Council stating that there is obviously a problem with the case in as much as it was a third party that filed the initial excessive force charges and not Mr. Looney. Sgt. Stanley, of the Fayetteville Police Department, was present during the booking procedure and is the person who saw and felt the actions by Mr. Taylor were excessive. Lt. Helder, of the Fayetteville Police Department, was assigned the duty of investigating the complaint. The FBI also got involved, and it was determined that unwarranted and excessive force was used. At this time, Mr. Looney filed his suit. One of the things that has not been mentioned is the possibility of punitive damages. They have not been discussed, but the award of them by the jury is a possibility. He has been trying to determine exactly what expenses this case will involve for the City and has been trying to mitigate them on the City's behalf. Mr. Bufford stated Mr. Taylor denies the use of excessive force. However, the other officers stated he did use the force and this does not make an easy defense. The emergency room report stated Mr. Looney did have hoarseness and swelling in the neck and throat area. Mr. Looney has also seen several doctors in the area, and they have been deposed for this case. Mr. Bufford stated the timing was a negative factor in this case as well. Juries have not been looking favorable toward police departments when dealing with alleged use of excessive force. He and Mr. Woodruff have been working some time in arriving at this mutually acceptable $30,000 figure, and he feels this would probably be the best method of mitigating expenses for the City. Alderman to date. to date. increase Williams asked approximately what were Mr. Bufford's fees Mr. Bufford estimated somewhere between $7,000 and $8,000 The final preparation for trial and a 2-3 day trial would the total to somewhere in the area of $12,000 to $15,000. • • • • Alderman consider attorney correct. December 9, 1992 Williams stated that the total being asked for them to was then the $30,000 settlement with Mr. Looney plus the fees for Mr. Bufford. Mr. Bufford stated this was Mr. Woodruff stated several cases in the surrounding areas lately. amount was $20,000; in Springdale, about two months ago. So, the reason. of the nature have been settled In Huntsville, the settlement the settlement amount of $35,000 $30,000 figure is well within Alderman Vorsanger stated he would like to have City Attorney Rose's recommendation to the Council. City Attorney Rose stated he recommended the Council accept the settlement offer. Alderman Williams stated he too would be abstaining, as Mr. Taylor was an ex -brother in law. There was discussion about the voting procedures. With six aldermen present and two abstaining, there would only be four aldermen to vote. Therefore, it was decided the Mayor would be the fifth vote in this issue. Alderman Miller stated he felt this was a pretty clear cut case with a civil rights violation, and he felt the settlement offer was acceptable. Alderman Bassett stated there was not necessarily a civil rights violation. This has yet to be determined by a jury. Alderman Edens stated he would rely on the City Attorney's advice. Vorsanger, seconded by Odom, made a motion to accept the settlement offer. Upon roll call, the motion passed by a vote of 5-0-2, with Aldermen Williams and Bassett abstaining. RESOLUTION 181-92 AS RECORDED IN TEE CITY CLERK'S OFFICE City Attorney Rose stated that in the little over three years he has been with the City, this is only the third civil rights case there has been. They are rare occurrences and he commended the police department and Chief Watson for the fine job and training they provide to their staff which enables them to avoid lawsuits. Alderman Williams stated by settling this suit, the City is not • admitting liability. December 9, 1992 Alderman Miller asked if the officer had received any counseling after he had been reinstated to the department. Chief Watson stated he had received additional training and supervision. Ben Mayes stated the Council needed to approve a budget adjustment for the payment of this offer. The money would come from the General Fund. Vorsangsr, seconded by Odom, made a motion to approve the budget adjustment. Upon roll call, the motion passed by a vote of 6 to 0. ADJOURNMENT The meeting adjourned at 10:00 a.m. City of Fayetteville, Arkansas Budget Adjustment Form Widget Year �i\4.'. Dcp.tnmcnl:(jetJnt1 (rOcatei.c. Division: Program: F4�yt. .1 .4' .,.• . FAtll.Ua *.- .•l.\ i Date Requested 3-h i3 Adjusimcr.i * P:uµ•: t o. lit. m Rcqucslcd: k -...I s 0.14. n A -I 09C Itti i IoII 7'4l,l ``G�}il'rr e tS ru s he { .Ltvtn �W L ARL \Qa..; Lori v. jot2a-V•LS TatIcc PAv effl Lek ca ce . Project or Item Deleted: J .uhu. ion o: thn Incrca'4l I j Coy 1 G --Cc er+tJ 4L sck=•i 1A-42 C C e A,selo� o„ ‘bec ,Cf 1192. 41 K.,. .:.•sip and Via. iP6L, 54 �,,....� . . Ali Lel I 'r1 4 I 1 I IIi1 0 4L cult lL)�C o�C:utt 'tC Sr t7'i . Justification of this Decrease: `' Account Name Amount Se We KLIS 44, s s 4 Increase Account Number Iola sari 09 Decrease Account Number to io &Uri 4 5 Protect Number Project Number RequestedBy-1 Approval Signatures HS - Bu get (bordinator Department Director Admin. Services Director Mayor Budget Office Use Only Type: A B C D (T)F Date of Approvalhq� IctZ EeeL .qa lac -9z Posted to General Ledger xJ Entered in Category Log 3 ki4 Budget Office Copy STATEMENT Post Office Box 4120 • Scot'sdcle, Ar zona 85261 4120 • 1-800-423.7675 • FAX (602) 4836752 •ottsdale Insurance Company ❑ National Casualty Company FAYETTEVILLE 1501 CITY OF 113 WEST MOUNTAIN FAYETTEVILLE AR 72701 ATTENTION ACCOUNTS PAYABLE Page T' Dole 03/08/93 PLEASE DETACH AND RETURN THIS PORTION WITH YOUR DAYMENT Account Number Amount 195131 Claim lin? CIOi111mMeDon°f Los D Cklable Doh PPL111154 08/22/90 - 08/22/91 195131 LOONEY EARL DEAN 08/10/91 41.854.39 801 (It LLIVcy ,5 ... 2 < .,nl III ` r.NANcE DEPT. , TOTAL DUE, 41,854.39 �.... ... .., r ,��. �.r ,....r..�� ... Pavableon recefot VL jscodes: 101 PAYABLE ON RECEIPT 201 FINAL NOTICE 801 SPECIAL TERMS 901 GROUP BILL 701 SIR 1F YOU HAVE ANY QUESTIONS, PLEASE CALL BILL BENZEL AT (602) 948-0505 EXT 2516 cc: 455027 ACS 7(3.921 • • • IN THE UNITED STATES DISTRICT COURT WASTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION EARL DEAN LOONEY VS. No. 92-5C61 DENNIS TAYLOR, Individually and his Official Capacity as Police Officer for the City of Fayetteville, Arkansas PLAINTIFF U. S. DISTRICT COURT WESTERN D;S I ARKANSAS FILE I. JAN o 7 1993 CHRIJ r(. JVnnou By Jesup, ;len STIPULATION. DEFENDANT .,mac rt+ is stipulated by and between the parties hereto that this cause has been compromised and settled and should be dismissed with prejudice. DATED this 1(.44 day of December, 1992. 1 X11 b''AL' G TORNEY F 0 •• DRUFF PLAINTIFF 4 DAN F. SUFFORD ATTORNEY FOR DEFENDANT • • • • • • • • IN THE UNITED STATES DISTRICT COURT WASTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION EARL DEAN LCONEY VS. No. 92-5661 DENNIS TAYLOR, Individually and his Official Capacity as Police Officer for the City of Fayetteville, Arkansas ORDER PLAINT:FF DEFENDANT The parties having stipulated that this cause has beer. compromised and settled and should be dismissed with pre;udice, it is so ordered this 4 day of January, 1993. u. S. DISTRICT COUR '.4.1ES.cni L:3"f ARKAN:.", .S. DISTRICT JUDGE` 13 JAN 1 1 ;993 DeputyL,ierc :-77 t'ZIesiY\. • AA+�•tL • • • RELEASE AND SETTLEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That I, Earl Dean Looney, for and in consideration cf the sum of $30,000, of which $4,593.20 is being paid directly to Washington Regional Medica: Center to satisfy its lien filed in the case mentioned below, the receipt and sufficiency of which is hereby acknowledged, do hereby release and forever discharge Dennis Taylor, individually and in his Official Capacity as Police Officer for the City of Fayetteville, Arkansas, the City of Fayetteville, Arkansas, its police department, their heirs, directors, administrators, employees, agents, and assigns, including Scottsdale Insurance Company or any and other insurance company affording coverage or which might be claimed to afford coverage for liability, arising out of any and all actions, causes of actions, claims and demands of any type whatsoever which the undersigned has cr may, hereafter, have resulting from o r in any way relating tc the incident of 8/10/91, wherein Dennis Taylor is alleged tc have used excessive force in the arrest and booking of the undersigned, any alleged civil rights violations ✓ esulting from the alleged incident, or in any way relating to actions or inactions which were complained of or which could !-ave been complained of in the case of EARL DEAN LOONEY VS. DENN:S TAYLOR, ET AL, No. CIV 92-5051, filed in the United States D istrict Court, Western District of Arkansas, Fayetteville • • Division, such release including, but not limited to, any and all claims and causes of action for costs, expenses, and attorney's fees incurred, or which might be incurred in the future, in connection with such litigation and recoverable under 42 C.S.C. S1988. It is the express purpose and intention cf the undersigned to reserve any rights, claims or causes of action against any other persons or entities liable to him for the damages sustained in the above incident, but to, also, fully release the parties hereto. Therefore, it is hereby, specifically, agreed that any damages suffered by the undersigned, and recoverable against any other person or entity as a result cf the incident described above shall be reduced to the extent of the pro -rata share of the fault for such damages of the parties hereby released. It is the intention of the parties that this provision shall conform with the requirements of Section 5 of Act 314 of the Acts of Arkansas for 1941 and any amendments thereto, and that the parties hereby released shall be relieved from any liability to make contributions to any other person or entity by reason of the provisions of Act 315 cf the Acts of Arkansas for 1941, and • amendments thereto, same being the Uniform Contribution Among Tortfeasors Act. It is understood and agreed that this is a compromise settlement of doubtful and disputed claims; that the payment made herein sial: not be construed as an admission of liaoil:ty or. :he • • part of Dennis Taylor, the City of Fayetteville, Arkansas, or the other parties hereby released, by whom liability has always been and is hereby expressly denied; that payment is made in order to resolve the litigation and the expense of same and is received in full and complete settlement and satisfaction of the aforesaid actions, causes of actions, claims and demands; that this Release and Settlement Agreement contains the entire agreement between the parties, and that the terms of this Release and Settlement Agreement are contractual in nature and not a mere recital. DATED this 1(0.(py day of December, 1992. Approv SfE<CNEY W • :RF, torney •r Earl Dean Looney 1475D SAM :ASO :ACOS SHARP. IR- S R5. XL -BERT MAYES ]R. RALPH R WRSON DAT: F OUFPORD RICHARD N. WAfl KEN COOK LASER, SHARP, MAYES, WILSON. ILSON. BUFFORD, & WATTS. ATTS. P.A. ATTORNEYS AT LAW AS 5 SPRING STREET. SL:TE 300 L:1'P E ROCK. ARKANSAS 7220:-2488 TC.EPF!CNT tSO]] 376-291: MLLIMPOIR ;5011116:4]7 November 28, 1992 Mr, Patrick O'Connell Scottsdale Insurance Company 8877 N. Gainey Center Drive P. O. Box C-4120 Scottsdale, AZ 8526:-4123 2D Re: Insured Claimant Claim Nc. #71-0423391 • • • • • City of Fayetteville Officer Dennis Taylor Earl Dean Looney 195131-125 EMENT ALFRED F ANGU O.IR DAVID M DONOVAN KEVIN;. STATEN WALTER A. KENDEL. JR BRIAN ALLEN BROWN KAREN I RUCHES GENA A GREGORY DFB/ks L SERVICES RENDERED: itial review FAX from Bassett law firm; initial conference with Patrick O'Donnell re: claim 5/15/92 Review letter form Bassett; review Complaint and claim file; draft Answer to Compliant; letter to C era, Attorney Bassett and P. O'Donnel_; setter to insured 5/18/92 Conference with Court Clerk 5/21/92 Review Notice from Court • 4 1.4 .2 • Mr. Patrick O'Dor.re.l Taylor; looney Page 2 5/10/92 6/16/92 6/17/92 6/22/92 • Review file Recuests to insured and and draft :nterrcaatories and P laintiff; letter to attorney, P . C'Do^Hell letter to insured Initial conference with insured Conference with Assistant Chief of Police re: meeting with Taylor 6/25/92 Extended conference with insured, Dennis Taylor, ard review claim file for circumstances 7/14/92 7/24/92 7/27/92 Letter to attorney Review letter from attorney Review letter from attorney for Washington Regional; review notice of lien; letter to Pat O'Donnell 7/31/92 Draft Motion to Compel and Brief; letter to Clerk and attorney 8/14/92 Review two letters from Plaintiff's attorney; ✓ eview :nterrogatories to insured; initial ✓ eview Plaintiff's Answers to Interrogatories and Requests; letter to P. O'Donnell and insured 8/19/92 Review letter from insured 3/28/92 initial conference with City Attorney; review t rial notice; letter to insured and P. O'Donnell re: sane; letter to Court 8/31/92 Conference with P. O'Donnell re: deduct:::1e and coverage 9/3/92 9/8/92 9/10/42 Review FAX from O'Dcnr.ell Conference with Jerry Rose, City Attorney Review file and prepare attorney suit report; letter :o O'Donnell 8 3 3 2 2.2 . 2 . 2 4 6 8 2 8 3 . 4 • • • Mr. Patrick ?'"-nnel'. Taylor; Looney ?ace 3 9/:5/92 Conference with insured 9/-6/92 Conference with P. O'Jcrr.pl. ra: settlement autnor:ty 4 9/24/92 Conference with attorney re: settlement and discovery 3 Review additional trial notice; letter to insured and O'Donnell; letter to City Attorney; letter to attorney 10/7/92 Conference with P. C'Donnell; conference with attorney re: settlement status 13/8/92 Conference with attorney re: settlement 4 3 10/9/92 Conference with P. C'Donnell; letter to O'Donnell 4 Letter to insured and City Attorney 4 10/:2/92 Review cf file to Answer Interrogatories and Requests LC 1.5 :0/:3/92 Draft Answers toInterrogator es and Requests '.0 '_ . 8 :0/:5/92 Conference with insured LC .5 Revise Answers to :r.terrocatories and Requests LC .5 1C/16/92 Review letter from attorrey .2 1;/17/92 Review letter from attorney .2 10/20/92 Additional review Plaintiff's Answers t: Interrogatories with medical exhibits: memo to file: revise Answers to Interrogatories and Reauests; conference with insured f 2.4 1C/21/92 Finalize Answers to Tr.terroaatories and Reeuests with all attachments; organize file; call to attcrney; letter to attorney; conference with insured attorney; conference w:t.. FBI re: file investigation; letter to O'Donnell 1.2 • '41 Patric< C'Donne'. Taylor; looney ?age 4 :0/23/92 Conference with witness, Trish '.anccon re: testimony 10/26/92 Conference with attorney re: expert and settlement :0/28/92 Conference with attorney re: nedical authorization _0/29/92 Review file with letters to all medical care providers; letter to Plaintiff attorney Review FAX from attorney; conference with attorney to confirm deposition; letter to attorney 2 . 4 .4 LC .8 . 6 10/30/92 Letter to F3: reauesting file; letters to all parties confirming depositions LC .3 11/3/92 Review file and investigative file of Po:ice Department; prepare for deposition of P laintiff; review medical records 1.6 11/4/92 Travel to Fayetteville and appear at deposition o f Plaintiff; conference with attorney re: medical and deposition of doctor J^ 5.8 11/5/92 Review medical; conference with Dr. McDade and Neurosurgery in. Fort Smith re: records Conference with FBI re: investigation LC .8 L.^_ ,2 11/6/92 Letters to attorney and insured re: authorization for release of information LC .3 Conference with FBI and insured re: release o f informat:on aithorizatior. 11/9/92 Draft authorization for Release of _r.format:on to FBI to Claimant and insured LC .3 Conference w:tn P. (-)'Donnell -he: depos:tions .3 11/10/92 Review letter from attorney .2 :1/:1/92 Conference w:tn \'A Hospital, Neurology Associates, Washington ?egional, Dr. uttle's o ffice, and Dr. Mc^,ade's office re: records T.0 .8 • s • • Mr. Patrick O'Donnell Taylor; Looney Page 5 Review records from Dr. McDade 11/12/92 Finalize Motion to Amend and Brief; letter to Clerk and attorney; conference with :nsured attorney Conference with ity Attorney re: settlement .4 11/13/92 Review and sumTarize medical records from Washington Regional 11/16/92 Conference with Dr. Runnell's office; conference with attorney r.terim report to P. O'Donnell; letter to City Attorney and Court .8 9.6 hours @ $80 (Dan Bufford-before 9/1/92) $ 768.00 22.3 hours @ $85 (Dan Bufford-after 9/1/92) :,895.50 10.4 hours @ $40 (Law Clerk) 416.00 $3,079.50 LC 1.2 TOTAL FEE: COSTS: Copies (226 @ .15) Kwik Kopy Long Distance Central Flying, trip to Fayetteville for depos. (11/4) 591.7C Misc. Expenses to Depos. cab rental) $ 33.90 18.22 83.36 TOTAL DDE: :8505 '.00 734.18 • • • LAUREN EDWARDS REPCPTNG CERTIFIED COURT REPORTER '863 HAROLD FAYETTEVILLE. ARKANSAS 72703 501-442-9056 • • November 19, 1992 Mr. Dan F. Bufford Laser, Sharp, Mayes, Wilson, Bufford & Watts One Spring Street Suite 300 Little Rock, Arkansas 72201 Re: Cause No. 92-5061; Earl Dean Looney v. Dennis Taylor; In the United States District Court, Western District of Arkansas, Fayetteville Division INVOICE NO: 110429 NET UPON RECEIPT SS NO. 431-43-9625 Deposition of Earl Looney Taken on November 4, 1992 (Original and Two Copies) (101 pages at $3.50 a page) Appearance Fee Postage TOTAL DUE Thank You For Your Business! 353.50 65.00 • : .:i'1. . LAUREN EDWARDS REPORTING CERTIFIED COURT REPORTER 1863 HAROLD FAYETTEVILLE, ARKANSAS 72703 • 501-442-9058 December 7, 1992 Mr. Dan F. Hufford Laser, Sharp, Mayes, Wilson, Bufford & Watts, P.A. One Spring Street Suite 300 Little Rock, Arkansas 72201 Re: Cause No. 92-5061; Earl Dean Looney v. Dennis Taylor Individually and as Police Officer for The City of Fayetteville; In the United States District Court, Western District of Arkansas, Fayetteville Division INVOICE NO: 113029 NET UPON RECEIPT SS N0. 431-43-9625 Deposition of Vincent B. Runnels, M.D. Taken on November 30, 1992 (Original and Two Copies/Video/Medical/Expedited) (58 pages at $4.25 a page) . . . .$ 246.50 Exhibits (260 at $ .15 a page) . .$ 39.00 Total - $ 285.50 Deposition of Larry D. Tuttle, M.D. Taken on November 30, 1992 (Original and Two Copies/Video/Medical/Expedited) (37 pages at $4.25 a page) - . . .$ 157.25 Exhibits (28 at $ .15 a page). . .$ 4.20 Total $ 161.45 tel .c f' . Subtotal $ 446.95 Appearance Fee - - ,$ 75.00 Postage TOTAL DUE Thank You For Your Business!