Harris v. City of Memphis, Tenn.

• Decision Date: 29 September 2000
• Docket Number: No. 3:99CV00425 SMR.,3:99CV00425 SMR.
• Citation: 119 F.Supp.2d 893
• Parties: Allye M. HARRIS, Individually, and as Guardian of the Person and Estate of Willie B. Harris, Jr., an Incapacitated Person, Plaintiff, v. CITY OF MEMPHIS, TENNESSEE, Defendant.
• Court: U.S. District Court — Eastern District of Arkansas

119 F.Supp.2d 893

Allye M. HARRIS, Individually, and as Guardian of the Person and Estate of Willie B. Harris, Jr., an Incapacitated Person, Plaintiff, v. CITY OF MEMPHIS, TENNESSEE, Defendant.

No. 3:99CV00425 SMR.

United States District Court, E.D. Arkansas, Jonesboro Division.

September 29, 2000.

George H. Niblock, Niblock Law Firm, Fayetteville, AR, for plaintiff.

Ronald G. Wyatt, Charmiane G. Claxton, Memphis, TN, for defendant.

ORDER

REASONER, District Judge.

Presently before the Court is Defendant's Motion to Dismiss First Amended and Substituted Complaint (Docket No. 13). Plaintiff has responded (Docket No. 15), and Defendant has replied (Docket No. 17). For the following reasons, the motion is granted and the case is dismissed. Any remaining motions in this case are moot.

I. Facts

The present action is a Arkansas common law negligence claim brought by Allye M. Harris ("Ms. Harris"), an Arkansas resident, against the City of Memphis for the alleged negligent maintenance of the Interstate 55 Tennessee/Arkansas Bridge ("Bridge") over the Mississippi River, between Memphis, Tennessee, and West Memphis, Arkansas. Ms. Harris' husband, Willie B. Harris, Jr. ("Mr.Harris"), was injured in an automobile accident allegedly caused by the lack of light on the Bridge.

On June 4, 1996, at approximately 11:30 p.m., Mr. Harris was driving his automobile in the northbound lane of Interstate 55 and was crossing the Bridge, leaving Tennessee and entering Arkansas. A 1994 Kenworth Tractor Trailer had stalled on the Bridge in the northbound, inside lane and Mr. Harris struck the tractor trailer, injuring Mr. Harris and causing damage to his vehicle. Ms. Harris brought the present as the guardian of Mr. Harris.

Plaintiff alleges that the City of Memphis had a duty to maintain the roadway lighting on the Bridge, a duty Plaintiff alleges is evidence by a 1972 contractual maintenance agreement ("1972 Agreement") between the State of Arkansas and the State of Tennessee. Ms. Harris alleges that during a considerable time prior to June 4, 1996, a portion of the lights on the Bridge were not operating. Plaintiff further alleges that the City of Memphis had knowledge of the inoperable lights but failed to maintain them. Plaintiff further alleges that on June 4, 1996, at the time of the automobile accident involving her husband, there were no working lights on the entire length of the Bridge. Plaintiff claims that the alleged failure to maintain the lights on the Bridge was the proximate cause of the accident because it affected her husband's vision and perception.

The City of Memphis has filed the present motion, asserting that this action should be dismissed. The Court agrees.

II. Appropriate Standards Governing a 12(b)(6) Motion to Dismiss

A proper basis for a motion to dismiss is "failure to state a claim upon which relief can be granted." Fed.R.Civ.P. 12(b)(6). A complaint must be dismissed under Rule 12(b)(6) only if "it appears beyond a reasonable doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). Additionally, in ruling on a motion to dismiss, a court must read the facts alleged in the complaint "generously" drawing all reasonable inferences in favor of the party opposing the motion. See Coleman v. Watt, 40 F.3d 255, 258 (8th Cir.1994); Cosmas v. Hassett, 886 F.2d 8, 11 (2d Cir.1989). "The trial court's role is to appraise the legal merits of the complaint and not to weigh the evidence which might be introduced at trial. The issue `is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims.'" Saunderson v. Gary Goldberg & Co., 899 F.Supp. 177, 179 (S.D.N.Y.1995) (citations omitted). Finally, a court should only grant a motion to dismiss "if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations." See Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984) (citation omitted).

III. Discussion

Plaintiff asserts that her action is a common law negligence action brought under the laws of the State of Arkansas. Defendant asserts five defenses, two of which arise under the Tennessee Governmental Tort Liability Act (hereinafter "TGTLA"). See Tenn.Code.Ann. § 29-20-101 et seq. (1998). Because the Court finds Defendant is immune under the TGTLA, it does not reach Defendant's remaining arguments.¹

First, Defendant argues that, even assuming that Defendant is not immune under the TGTLA, this cause of action is barred by the twelve (12) month statute of limitations provided in the TGTLA. See Tenn.Code Ann. § 29-20-305(b) (1998). Plaintiffs argue that the Arkansas three year statute of limitations should govern because this negligence action is brought under Arkansas common law. See Ark. Code Ann. § 16-56-105 (1998). Second, Defendant asserts that the immunity granted under TGTLA bars the present action. Thus, the issue is whether Arkansas law or Tennessee law determines the applicable statute of limitations and immunity status for Defendant. The issue is resolved by principles of choice of law and comity.

A. Choice of Law

In resolving a choice of law issue, Arkansas formerly applied the rule of lex loci delicti and applied the substantive law of the state where the accident occurred. See Bell Trans. Co. v. Morehead, 246 Ark. 170, 437 S.W.2d 234 (1969); McGinty v. Ballentine Produce, Inc., 241 Ark. 533, 408 S.W.2d 891 (1966). However, in Wallis v. Mrs. Smith's Pie Co., 261 Ark. 622, 550 S.W.2d 453 (1977) (en banc), the Arkansas Supreme Court adopted a five-factor approach, noting that "the traditional rule of lex loci delicti has fallen under much criticism in recent times." See Wallis, 261 Ark. at 627, 550 S.W.2d at 456. Under the new approach, which is an adoption of Dr. Robert A. Leflar's "choice influencing considerations," Arkansas courts look to the following five factors to determine which state's law to apply:

(1) predictability of results;

(2) maintenance of interstate and international order;

(3) simplification of judicial task;

(4) advancement of the forum's governmental interests; and

(5) application of the better rule of law.

See Schlemmer v. Fireman's Fund Ins. Co., 292 Ark. 344, 346, 730 S.W.2d 217, 219 (1987) (citing Wallis v. Mrs. Smith's Pie Co., 261 Ark. 622, 550 S.W.2d 453 (1977) (en banc); Williams v. Carr, 263 Ark. 326, 565 S.W.2d 400 (1978)); see also Whirlpool Corp. v. Ritter, 929 F.2d 1318, 1321 (8th Cir.1991) (recognizing that, in Wallis, the Arkansas Supreme Court replaced the traditional choice of law rules in tort actions with Dr. Leflar's approach). "In other words, the Arkansas Court, as the forum court, is free to apply the substantive law of a sister state where it finds that such state has a significant interest in the outcome of the issues involved." Williams, 263 Ark. at 333, 565 S.W.2d at 404.

In previous cases, the Arkansas Supreme Court has approved the use of a sister state's law even when the accident occurred in Arkansas. See Schlemmer, 292 Ark. at 348, 730 S.W.2d at 219 (approving the application of Tennessee substantive law when an automobile accident occurred in Arkansas); Williams, 263 Ark. at 333, 565 S.W.2d at 404 (same). Thus, if the accident in the present case occurred in Arkansas as Plaintiff alleges, the possibility of applying Tennessee law is not foreclosed.

Although all five factors should be considered, their relative importance varies depending upon the area of law involved. See Kenna v. So-Fro Fabrics, Inc., 18 F.3d 623, 626 (8th Cir.1994). The first factor, the predictability of results, is unimportant in a tort action and does not apply. See Schlemmer, 292 Ark. at 346-47, 730 S.W.2d at 219 ("As with other accident cases, the predictability consideration has no bearing on the unplanned injury."). The second factor is the maintenance of interstate and international order. The harmonious relations between Arkansas and Tennessee would be advanced by applying Tennessee law that grants immunity to a Tennessee municipality. The third factor, simplification of the judicial task, does not indicate which law the Court should apply. The Court is capable of determining, interpreting, and applying the law from either state, thus neither state law is favored.

The fourth factor, advancement of the forum's governmental interest, is often considered the most significant in tort actions. Arkansas has an interest in protecting its residents who are victims of torts. See Kenna, 18 F.3d at 627. Yet, Tennessee also has an interest in protecting its municipalities through its sovereign immunity, which is codified in the TGTLA. Finally, for the fifth factor, the Court must decide the better rule of law, basing its decision on which law makes "good socio-economic sense for the time when the court speaks." See Nesladek, 46 F.3d at 740. "It must not be automatically assumed that every court will regard its own law as better than that of other states. Courts sometimes realize that certain of their own laws, especially statutory ones, are archaic, anachronistic, out of keeping with the times." Schlemmer, 292 Ark. at 347, 730 S.W.2d at 219. Some courts hesitate to choose which state law applies based this fifth factor. See Kenna, 18 F.3d at 627 ("Although the two states have reached different balances with respect to the compensation of victims and the protection of defendants against excessive verdicts, we are not in a position to decide that either one is the better rule of law."). This Court also finds that it is not in the position to decide which is the better rule of law.

Thus, after considering the five factors, the Court finds that the second factor most persuasive. The remaining four factors did not favor the application of either Arkansas or Tennessee law. However, the second...