Cent. Flying Serv., Inc. v. Pulaski Cnty. Circuit Court

• Decision Date: 19 February 2015
• Docket Number: No. CV–14–864,CV–14–864
• Citation: 454 S.W.3d 716,2015 Ark. 49
• Parties: Central Flying Service, Inc., and Cal Freeney, Petitioners v. Pulaski County Circuit Court, Respondent
• Court: Arkansas Supreme Court

2015 Ark. 49

454 S.W.3d 716

Central Flying Service, Inc., and Cal Freeney, Petitioners

v.Pulaski County Circuit Court, Respondent

No. CV–14–864

Supreme Court of Arkansas.

Opinion Delivered FEBRUARY 19, 2015

Wright, Lindsey & Jennings, LLP, Little Rock, by: Kyle R. Wilson, Gary D. Marts, Baxter D. Drennon, and Michael A. Thompson, for petitioners.

David A. Hodges, Little Rock, for the Estate of Mason Mauldin.

Opinion

PAUL E. DANIELSON, Associate Justice

Petitioners Central Flying Service, Inc., and Cal Freeney petition this court for a writ of prohibition directed at Respondent Pulaski County Circuit Court to prohibit the circuit court from continuing to exercise jurisdiction over a wrongful-death complaint filed against them by Janet Mauldin, Administratrix and Personal Representative of the Estate of Mason Mauldin (“the Estate”).¹ In support, Petitioners contend that the Arkansas Workers' Compensation Commission (“the Commission”) has exclusive jurisdiction over the Estate's claim. We grant the petition for writ of prohibition.

Mauldin, a pilot, was an employee of Central Flying Service, Inc. (“CFS”). Freeney was his supervisor. On January 24, 2013, Freeney assigned Mauldin to pilot a 1998 fixed-wing single-engine Beechcraft “Bonanza” A–36 airplane, FAA Regulation No. N980SS. Mauldin was to fly the aircraft from Little Rock to pick up passengers in Monroe, Louisiana, whom he would then fly to Beaumont, Texas. On the return flight from Beaumont to Monroe the plane crashed, resulting in the deaths of Mauldin and all three passengers.

On January 22, 2014, the Estate filed a wrongful-death complaint against CFS and Freeney, alleging that Freeney compelled Mauldin to pilot the aircraft despite the fact that Mauldin did not possess the proper certification to pilot that particular aircraft. The Estate alleged counts of intentional conduct, respondeat superior, wrongful death, and survival. It sought both compensatory and punitive damages. CFS and Freeney each filed answers and, in addition to denying each of the allegations in the complaint, alleged that the circuit court did not have jurisdiction over the complaint because the Estate's exclusive remedy was provided by the Arkansas Workers' Compensation Act (“the Act”).

Thereafter, on April 23, 2014, the Estate filed an “Amended and Substituted Complaint” against CFS and Freeney, and added certain State defendants in relation to claims asserting that the entire workers' compensation scheme is unconstitutional.² Therein, the Estate alleged that the Act was not the exclusive remedy because of the alleged intentional acts pled in the complaint. But, the Estate further pled that in the event the circuit court found no intentional act, then the entire Workers' Compensation Act is unconstitutional, as it violates separation of powers and due process under the United States and Arkansas Constitutions. The Estate alleged that the Act was both facially unconstitutional and as applied to the facts of this case. In addition to adding the constitutional challenge, the Estate added a claim for negligence, asserting that CFS and Freeney knew or should have known that Mauldin did not have the required number of FAA hours to pilot the aircraft and that by requiring him to pilot it, it was likely to cause harm to Mauldin. CFS and Freeney each filed answers denying the allegations of the complaint but further asserting that the Estate's exclusive remedy is provided by the Act.

On August 7, 2014, CFS and Freeney filed a motion, pursuant to Arkansas Rule of Civil Procedure 12(b)(1) and (6), to dismiss the Estate's complaint because of a lack of subject-matter jurisdiction. CFS and Freeney argued that because the Estate failed to plead that CFS and Freeney acted with an intent to injure Mauldin, they were entitled to immunity from tort liability for the Estate's claims against them and that the Commission had exclusive, original jurisdiction to determine the issues of whether a person or entity enjoys immunity as an employer under the Act.³

The circuit court entered an order on September 26, 2014, denying CFS's and Freeney's motion to dismiss. CFS and Freeney then filed the instant petition for writ of prohibition, asserting that the circuit court was wholly without jurisdiction to determine the applicability of the Act or to determine its constitutionality. This court ordered briefing, and we now consider the merits of the petition.

This court recently addressed the propriety of a writ of prohibition in Entergy Arkansas, Inc. v. Pope County Circuit Court, 2014 Ark. 506, at 5–6, 452 S.W.3d 81, and explained as follows:

It is well settled that a writ of prohibition is an extraordinary writ that is appropriate only when the lower court is wholly without jurisdiction. Jordan v. Cir. Ct. of Lee Cnty., 366 Ark. 326, 235 S.W.3d 487 (2006). Jurisdiction is the power of the court to hear and determine the subject matter in controversy between the parties. Ulmer v. Cir. Ct. of Polk Cnty., 366 Ark. 212, 234 S.W.3d 290 (2006). Writs of prohibition are prerogative writs, extremely narrow in scope and operation; they are to be used with great caution and forbearance. Id. Simply stated, writs of prohibition should issue only in cases of extreme necessity. Helena–W. Helena Sch. Dist. # 2 of Phillips Cnty. v. Cir. Ct. of Phillips Cnty., 368 Ark. 549, 247 S.W.3d 823 (2007).

The sole question before us is whether the circuit court is wholly without jurisdiction over the Estate's complaint. In support of their petition for the writ of prohibition, CFS and Freeney argue that the circuit court lacks jurisdiction because they are immune from suit in tort under the exclusive-remedy provision of the Act, which provides that jurisdiction lies exclusively with the Commission. Moreover, CFS and Freeney assert that the Estate's challenge to the constitutionality of the Act does not change the fact that the exclusive-remedy provision controls because in order for the Estate to demonstrate that it has standing to challenge the Act, it must show that the Act applies to the Estate's claim, which is a determination that only the Commission can make.

The Estate replies and argues that the circuit court is not prohibited from exercising jurisdiction over its complaint because prior case law involving a challenge to the constitutionality of the Act is distinguishable and does not expressly prohibit circuit courts from considering constitutional challenges to the Act. Moreover, the Estate argues that if the Commission is allowed to decide issues as to its own constitutionality there is, in effect, no adversarial process because one of the parties is the tribunal, or at least represents the tribunal's interest. Finally, the Estate argues that it is not necessary for the Commission to first determine whether the Act applies to its complaint in order for it to demonstrate that the Estate has standing to challenge the constitutionality of the Act.

Typically, an employer who carries workers' compensation insurance is immune from liability for damages in a tort action brought by an injured employee. Entergy Ark., 2014 Ark. 506, 452 S.W.3d 81. This rule, known as the exclusivity doctrine, arises from Arkansas Code Annotated section 11–9–105(a) (Repl. 2012), which provides that

[t]he rights and remedies granted to an employee subject to the provisions of this chapter, on account of injury or death, shall be exclusive of all other rights and remedies of the employee, his legal representative, dependents, next of kin, or anyone otherwise entitled to recover damages from the employer, or any principal, officer, director, stockholder, or partner acting in his or her capacity as an employer, or prime contractor of the employer, on account of the injury or death, and the negligent acts of a coemployee shall not be imputed to the employer. No role, capacity, or persona of any employer, principal, officer, director, or stockholder other than that existing in the role of employer of the employee shall be relevant for consideration for purposes of this chapter, and the remedies and rights provided by this chapter shall in fact be exclusive regardless of the multiple roles, capacities, or personas the employer may be deemed to have.

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