Benson v. Shuler Drilling Co., Inc.

Jack Holt, Jr., Chief Justice.

This lawsuit arose when a saltwater tank owned by Shuler Drilling Company (“Shuler”), which was being serviced by Mr. Kenneth Benson, an employee of Arkansas Service Company, exploded, injuring him. Mr. Benson and his wife sued Shuler claiming that the explosion was the result of Shuler’s negligence. A crucial factual question at trial was whether Mr. Benson was on the catwalk on the side of the tank or on the ground near the tank when the explosion occurred. The jury found in favor of Shuler. We reverse and remand.

I. Admission of physician’s discharge summary

A.…