Gullett v. Brown, No. 90-320
| Court | Supreme Court of Arkansas |
| Writing for the Court | HAYS |
| Citation | 307 Ark. 385,820 S.W.2d 457 |
| Docket Number | No. 90-320 |
| Decision Date | 16 December 1991 |
| Parties | Troy Allen GULLETT, Appellant, v. Cecily BROWN and Gallagher-Bassett Services, Inc. as Administrator of Self-Insurance Plan of Uninsured Motorists for Pulaski County, Arkansas, Appellees. |
Page 457
v.
Cecily BROWN and Gallagher-Bassett Services, Inc. as
Administrator of Self-Insurance Plan of Uninsured
Motorists for Pulaski County, Arkansas, Appellees.
[307 Ark. 386] John Biscoe Bingham, No. Little Rock, for appellant.
James C. Baker, Jr., Walter A. Murray, Little Rock, for appellees.
HAYS, Justice.
By this appeal we are asked to hold that workers' compensation benefits are not the exclusive remedy of an employee injured in the course of his employment by an uninsured motorist where those benefits are provided by the employer's self-insurance. We decline that request and affirm the trial court.
In September, 1987 Troy Allen Gullett was injured in a motor vehicle collision. Gullett was a passenger in a vehicle belonging to his employer, Pulaski County, and being driven by another county employee. The other vehicle was driven by Cecily Brown. Gullett brought this action at law against Cecily Brown, Gallagher-Bassett Services, Inc., as administrator of a self-insurance plan of Pulaski County, and Jason Ruby and others as director and representatives of Metroplan Risk Management Association. The complaint alleges that Brown's negligence was the proximate cause of the accident, that Brown was uninsured and that at the time of the occurrence Pulaski County had in effect an agreement to provide uninsured motorist coverage on its vehicles through a self-insurance agreement administered by Gallagher-Bassett which coverage inured to Gullett's benefit. Gullett sought damages against the defendants in the sum of $100,000, costs and attorneys fees.
Cecily Brown generally denied the allegations of the complaint and the remaining defendants filed a motion to dismiss the complaint for lack of subject matter jurisdiction and for failure to state facts upon which relief could be granted. Ark.R.Civ.P. 12(b)(6). The motion alleged that Pulaski County was self-[307 Ark. 387] insured for workers'
Page 458
compensation, that Gullett's injuries were incurred in the course of his employment, that Gullett had filed for and was receiving workers' compensation benefits and such benefits constitute an exclusive remedy under the Arkansas Workers' Compensation Act. The motion further alleged that Pulaski County is a self-insured for uninsured motorists.In response, Gullett alleged that Pulaski County had purchased a plan of insurance through the Metroplan Risk Management Association and said uninsured motorist was reinsured through an insurance carrier and administered by Gallagher-Bassett. Gullett admitted his injuries arose from the scope of his employment but denied that workers' compensation was an...
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Matarese v. N.H. Mun. Ass'n Prop.-Liab. Ins. Trust, Inc., 99–480.
...1440, 1442–43 (D.Kan.1991) ; Wisman v. Rhodes & Shamblin Stone, Inc. , 191 W.Va. 542, 447 S.E.2d 5, 8–9 (1994) ; Gullett v. Brown , 307 Ark. 385, 820 S.W.2d 457, 457 (1991) ; State Farm Mut. Auto. Ins. Co. v. Royston , 72 Haw. 338, 817 P.2d 118, 121–22 (1991) ; State 791 A.2d 181 Farm Mut. ......
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National Farmers Union Property & Cas. Co. v. Bang, Nos. 18173
...219, 221 (S.C.1992); Ryder Truck Lines, Inc. v. Maiorano, 44 N.Y.2d 364, 405 N.Y.S.2d 666, 376 N.E.2d 1311 (1978); cf. Gullet v. Brown, 307 Ark. 385, 820 S.W.2d 457 (1991); Bouley v. City of Norwich, 222 Conn. 744, 610 A.2d 1245 (1992); Berger v. H.P. Hood, Inc., 416 Mass. 652, 624 N.E.2d 9......
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Matarese v. Mun. Ass'n Property Liability, No. 99-480.
...F.Supp. 1440, 1442-43 (D.Kan.1991); Wisman v. Rhodes & Shamblin Stone, Inc., 191 W.Va. 542, 447 S.E.2d 5, 8-9 (1994); Gullett v. Brown, 307 Ark. 385, 820 S.W.2d 457, 457 (1991); State Farm Mut. Auto. Ins. Co. v. Royston, 72 Haw. 338, 817 P.2d 118, 121-22 (1991); State Page 181 Farm Mut. Aut......
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Erie Ins. Co. v. Curtis, No. 123
...Portland, 592 A.2d 1076 (Me.1991) (same); Montedoro v. City of Asbury Park, 174 N.J.Super. 305, 416 A.2d 433 (1980); cf. Gullett v. Brown, 307 Ark. 385, 820 S.W.2d 457 (1991) (recovery of uninsured motorist benefits from a self-insured employer barred by exclusivity principle). It is notewo......
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Matarese v. N.H. Mun. Ass'n Prop.-Liab. Ins. Trust, Inc., 99–480.
...1440, 1442–43 (D.Kan.1991) ; Wisman v. Rhodes & Shamblin Stone, Inc. , 191 W.Va. 542, 447 S.E.2d 5, 8–9 (1994) ; Gullett v. Brown , 307 Ark. 385, 820 S.W.2d 457, 457 (1991) ; State Farm Mut. Auto. Ins. Co. v. Royston , 72 Haw. 338, 817 P.2d 118, 121–22 (1991) ; State 791 A.2d 181 Farm Mut. ......
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National Farmers Union Property & Cas. Co. v. Bang, Nos. 18173
...219, 221 (S.C.1992); Ryder Truck Lines, Inc. v. Maiorano, 44 N.Y.2d 364, 405 N.Y.S.2d 666, 376 N.E.2d 1311 (1978); cf. Gullet v. Brown, 307 Ark. 385, 820 S.W.2d 457 (1991); Bouley v. City of Norwich, 222 Conn. 744, 610 A.2d 1245 (1992); Berger v. H.P. Hood, Inc., 416 Mass. 652, 624 N.E.2d 9......
-
Matarese v. Mun. Ass'n Property Liability, No. 99-480.
...F.Supp. 1440, 1442-43 (D.Kan.1991); Wisman v. Rhodes & Shamblin Stone, Inc., 191 W.Va. 542, 447 S.E.2d 5, 8-9 (1994); Gullett v. Brown, 307 Ark. 385, 820 S.W.2d 457, 457 (1991); State Farm Mut. Auto. Ins. Co. v. Royston, 72 Haw. 338, 817 P.2d 118, 121-22 (1991); State Page 181 Farm Mut. Aut......
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Erie Ins. Co. v. Curtis, No. 123
...Portland, 592 A.2d 1076 (Me.1991) (same); Montedoro v. City of Asbury Park, 174 N.J.Super. 305, 416 A.2d 433 (1980); cf. Gullett v. Brown, 307 Ark. 385, 820 S.W.2d 457 (1991) (recovery of uninsured motorist benefits from a self-insured employer barred by exclusivity principle). It is notewo......