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Claim over plane crash can proceed, Court of Appeals rules
Thursday, Jun 26, 2008

Arkansas News Bureau

LITTLE ROCK - A claim against the estate of the owner of an airplane that crashed in Louisiana, killing five the Jonesboro residents who were on board, can proceed, the state Court of Appeals ruled Wednesday.

The court reversed a Craighead County circuit judge's ruling that denied a claim by Mark Banks, administrator of the estate of Dayna Banks, against the estate of Robert Landry Sr. Landry was the owner of a twin-engine plane that crashed near New Roads, La., on June 23, 2005.

Landry and Dayna Banks died in the crash, along with Coy Mac Boyd, Chris Blanchard and Colby Blanchard.

Circuit Judge Pamela Honeycutt denied Mark Banks' claim last year, finding that he failed to include the amount of the claim, the specific names of the plaintiffs and defendants and other pertinent information.

In reversing the ruling Wednesday, the Court of Appeals said Banks substantially complied with the law.

In a dissenting opinion, Judge Sarah Hefley wrote that Banks filed an affidavit of claim but never filed anything that would qualify under the law as a claim.

Judge Wendell Griffen joined in the dissent.









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