Court’s Duty Is To Declare What The Law Is, And Not What It Ought To Be

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Leodis Sledge appealed the trial court’s grant of summary judgment to the City of Pine Bluff, Arkansas, et al on his claims of negligence that he asserted were the proximate cause of Leach’s death on April 16, 2020.

In Leodis Sledge v. City Of Pine Bluff, No. CV-20-547, 2022 Ark.App. 23, Court of Appeals of Arkansas, Division IV (January 19, 2022) the Court of Appeal responded applying the law.

FACTS

Pine Bluff suffered hundreds of uprooted trees as a result of the extreme winds, and more than 33,000 Entergy customers lost power as a result of the storms.  However, no officers remained on the scene of the downed tree, no barriers were erected around the tree, and the street was not closed.

Kelli Shavers hit the downed tree while driving her vehicle. Tanesha Leach, who was a passenger in Shavers’s vehicle, was killed. The appellees moved for summary judgment on Sledge’s complaint, asserting municipal immunity on the basis that it had no general-liability coverage under Arkansas Code Annotated section 21-9-301.

The circuit court granted the motion for summary judgment, finding that although Sledge had pleaded sufficient facts to establish a prima facie case of “utter indifference and conscious disregard,” Arkansas Code Annotated section 21-9-301 grants municipalities immunity from liability and from suits for damages except to the extent they may be covered by liability insurance.

DISCUSSION

A suit against a public employee in his or her official capacity is merely a suit against the public employer. 

This statute provides city employees with immunity from civil liability for negligent acts but not for intentional acts.

It is the court’s duty to declare what the law is, and not what it ought to be. The mayor’s affidavit is sufficient proof to establish that Pine Bluff did not have insurance coverage to provide coverage for Sledge’s negligence claims.  Therefore, the appellees were entitled to municipal immunity and summary judgment was proper.

ZALMA OPINION

If the city had purchased insurance the plaintiff would have a great case and collected real damages. However, the court interpreted the law as it was written and since there was no insurance purchased by the city the Legislature made them immune.

© 2022 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders.

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