Flowers v. Norman Oaks Construction Co.

I agree with the prevailing judges’ interpretation of Ark. Code Ann. § 11-9-102 (5)(B)(iv) (Repl. 1996), and their conclusion that this statute does not require a test by medical or law enforcement personnel to establish the presence of alcohol in order to trigger the statutory presumption that an injury or accident was substantially occasioned by the use of alcohol. However, I do not agree with their conclusion that there was “no proof presented” of the presence of alcohol in Flowers’s system, and, because Flowers also failed to present evidence rebutting the statutory presumption, I would…