Greenwell v. Davis

• Decision Date: 22 November 2005
• Docket Number: No. 06-05-00079-CV.,06-05-00079-CV.
• Citation: 180 S.W.3d 287
• Parties: Glenn Martin GREENWELL and The City of Texarkana, Arkansas, Appellants, v. April Nicole Brown DAVIS, Appellee.
• Court: Texas Supreme Court

180 S.W.3d 287

Glenn Martin GREENWELL and The City of Texarkana, Arkansas, Appellants, v. April Nicole Brown DAVIS, Appellee.

No. 06-05-00079-CV.

Court of Appeals of Texas, Texarkana.

Submitted October 19, 2005.

Decided November 22, 2005.

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Ned A. Stewart, Jr., Autrey, Autrey & Stewart, Texarkana, for appellants.

E. Ben Franks, Law Office of E. Ben Franks, Texarkana, for appellee.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Justice CARTER.

The City of Texarkana, Arkansas, and Glenn Martin Greenwell appeal the trial court's denial of their joint motion for partial summary judgment based on sovereign immunity under Arkansas law. The squad car being driven by Greenwell, an on-duty police officer with the City of Texarkana, Arkansas, and a vehicle driven by April Nicole Brown Davis collided on the Texas side of State Line Avenue. The City and Greenwell raise two issues on appeal: 1) Do the City and Greenwell have standing to bring an interlocutory appeal based on the denial of their motion for summary judgment? and 2) Did the trial court err in refusing to grant the motion for summary judgment based on sovereign immunity and official immunity under Arkansas law? Because we answer each of these questions in the affirmative, we reverse the judgment of the trial court.

State Line Avenue is a major thoroughfare in the City of Texarkana, which straddles the border between Texas and Arkansas. The northbound lanes of State Line Avenue are in Arkansas, but the southbound lanes are in Texas. On March 15, 2002, Davis' and Greenwell's vehicles collided on the Texas side of State Line Avenue. At the time of the collision, Greenwell was acting in the scope of his employment as a police officer with the City. Davis filed suit in Texas against the City of Texarkana, Arkansas, and Greenwell alleging that the negligent conduct of Greenwell caused the collision and alleging that her damages exceeded $500,000.00. The City filed a motion for partial summary judgment alleging that Arkansas sovereign immunity should be applied through the doctrine of comity. According to the City, Arkansas law waives sovereign immunity only for the amount covered by liability insurance. See ARK.CODE ANN. § 21-9-301 (2005). The trial court found that applying the Arkansas statute would violate Texas public policy and denied the motion for partial summary judgment.

We first examine the doctrines of sovereign immunity and comity. We then address whether we have jurisdiction to hear this interlocutory appeal. We conclude we have jurisdiction over both the City's and Greenwell's appeals. Next, we discuss what standard of review should govern our analysis and hold that we should review de novo the trial court's decision. We then consider whether the Full Faith and Credit Clause requires us to recognize Arkansas law. Because both states have significant contacts with the transaction, the United States Constitution does not require Texas to recognize Arkansas law if that law violates Texas public policy. Last, we consider whether the trial court erred in concluding that the Arkansas sovereign immunity law is contrary to Texas public policy. Given the policy of promoting amicable relationships by recognizing a sister state's law, the extent of the difference in the laws is not so contrary to Texas public policy that we should refuse to enforce the Arkansas law.

I. Sovereign Immunity Doctrine

The doctrine of sovereign immunity,¹ as developed at common law, originated in the feudal system. Nevada v. Hall, 440 U.S. 410, 414-15, 99 S.Ct. 1182, 59 L.Ed.2d 416 (1979). The doctrine rested on the fiction that the "King could do no wrong." Id. at 415, 99 S.Ct. 1182. This fiction has, of course, been rejected, but the doctrine of sovereign immunity, or governmental immunity, continues to be recognized under the common law. Concerning this doctrine, Alexander Hamilton wrote, "It is inherent in the nature of sovereignty not to be amenable to the suit of an individual without its consent." THE FEDERALIST No. 81 (Alexander Hamilton). As explained by Justice Holmes, sovereign immunity rests "on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends." Hall, 440 U.S. at 415-16, 99 S.Ct. 1182 (quoting Kawananakoa v. Polyblank, 205 U.S. 349, 353, 27 S.Ct. 526, 51 L.Ed. 834 (1907)); see Hosner v. De Young, 1 Tex. 764, 769 (1846). In addition, sovereign immunity is justified based on the concern that suits against a state would deplete the state's financial resources necessary to operate the government. See Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692, 695 (Tex.2003). "Most sovereigns have long since abandoned the fiction that governments and their officials can `do no wrong.' To varying degrees, states and the federal government have voluntarily relinquished the privilege of absolute immunity by waiving immunity in certain contexts." Id. Both Texas and Arkansas have enacted statutes which grant limited waivers of sovereign immunity.

A. Arkansas Partial Waiver of Immunity

Arkansas has waived sovereign immunity only to the extent that the governmental entity's liability is covered by liability insurance. Section 21-9-301 of the Arkansas Code provides:

(a) It is declared to be the public policy of the State of Arkansas that all counties, municipal corporations, school districts, special improvement districts, and all other political subdivisions of the state and any of their boards, commissions, agencies, authorities, or other governing bodies shall be immune from liability and from suit for damages except to the extent that they may be covered by liability insurance.

(b) No tort action shall lie against any such political subdivision because of the acts of its agents and employees.

ARK.CODE ANN. § 21-9-301. Section 21-9-301 is a limited waiver of sovereign immunity. City of Caddo Valley v. George, 340 Ark. 203, 9 S.W.3d 481, 484-85 (2000). The statute covers municipal officers and employees acting in the scope of their employment, as well as the municipalities themselves. Autry v. Lawrence, 286 Ark. 501, 696 S.W.2d 315, 316 (1985); Matthews v. Martin, 280 Ark. 345, 658 S.W.2d 374, 375 (1983). Under Arkansas law, recovery in this case is limited to $20,000.00.²

B. Texas Partial Waiver of Immunity

Texas also has a limited waiver of sovereign immunity for negligence in the use of motor-driven equipment. The Texas Tort Claims Act provides in pertinent part:

A governmental unit in the state is liable for:

(1) property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if:

(A) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and

(B) the employee would be personally liable to the claimant according to Texas law; and. . . .

TEX. CIV. PRAC. & REM.CODE ANN. § 101.021 (Vernon 2005). Liability of a Texas municipality under the Texas Tort Claims Act is limited to $250,000.00 for each person, $500,000.00 for each single occurrence for bodily injury and death, and $100,000.00 for each single occurrence for injury to or destruction of property. TEX. CIV. PRAC. & REM.CODE ANN. § 101.023(c) (Vernon 2005). Under Texas law, official immunity protects a government employee from liability when the employee is (1) acting in the scope of his or her employment, (2) performing a discretionary duty, and (3) acting in good faith. Univ. of Houston v. Clark, 38 S.W.3d 578, 580 (Tex.2000); see Victory v. Faradineh, 993 S.W.2d 778, 780-81 (Tex.App.-Dallas 1999, no pet.); City of Wichita Falls v. Norman, 963 S.W.2d 211, 216-17 (Tex.App.-Fort Worth 1998, pet. dism'd w.o.j.); see also City of Houston v. Daniels, 66 S.W.3d 420, 424-25 (Tex.App.-Houston [14th Dist.] 2001, no pet.).

II. Doctrine of Comity

Because the various states of our nation are, in many respects, entirely separate legal sovereignties, no state "can demand that its laws have effect beyond the limits of its sovereignty." Gannon v. Payne, 706 S.W.2d 304, 306 (Tex.1986). However, under the doctrine of comity, Texas will recognize the laws of other states with the expectation that those states will extend Texas the same consideration. K.D.F. v. Rex, 878 S.W.2d 589, 593-94 (Tex.1994). "Comity is a principle under which the courts of one state give effect to the laws of another state or extend immunity to a sister sovereign, not as a rule of law, but rather out of deference or respect." N.M. v. Caudle, 108 S.W.3d 319, 321 (Tex.App.-Tyler 2002, pet. denied).

III. This Court has Jurisdiction over this Interlocutory Appeal

In its first issue, Greenwell and the City argue they have standing to seek an interlocutory appeal from the trial court's denial of their joint motion for partial summary judgment based on Arkansas sovereign immunity. This issue, though, is really whether this appeal concerns an appealable order rather than standing.³ The City and Greenwell argue that Section 51.014 authorizes an interlocutory appeal of the trial court's order.

Generally, only final judgments of trial courts are appealable. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex.2001); Hinde v. Hinde, 701 S.W.2d 637, 639 (Tex.1985); North East Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex.1966); see TEX. CIV. PRAC. & REM.CODE ANN. § 51.012 (Vernon 1997). The Legislature has, however, authorized the appeal of a number of interlocutory orders. See, e.g., TEX. CIV. PRAC. & REM.CODE ANN. § 51.014 (Vernon Supp.2005). Section 51.014 of the Texas Civil Practice and Remedies Code provides as follows, in pertinent part:

(a) A person may appeal from an interlocutory order of a district court, county court at law, or county court that:

. . . .

(5) denies a motion for summary judgment that is based...