Johnson v. Houston General Ins. Co., 75--236
| Decision Date | 10 May 1976 |
| Docket Number | No. 75--236,75--236 |
| Parties | Willie A. JOHNSON, Appellant, v. HOUSTON GENERAL INSURANCE COMPANY, Appellee. |
| Court | Arkansas Supreme Court |
Whetstone & Whetstone, Little Rock, for appellant.
Wright, Lindsey & Jennings, Little Rock, for appellee.
This is an appeal by Willie A. Johnson from a circuit court order dismissing his complaint against the appellee Houston General Insurance Company for failure to state a cause of action against the defendant.
The background facts appear as follows: On March 14, 1974, the appellant sustained an industrial injury in the course of his employment by Western Meat Packers, Inc. He filed a workmen's compensation claim and on January 22, 1975, the Commission awarded temporary total benefits through October 21, 1974, payable in one lump sum. Apparently the plaintiff experienced some difficulty in collecting the award of the Commission so on March 19, 1975, he filed a complaint in the circuit court against the compensation insurance carrier, Houston General Insurance Company, setting out the award by the Commission and alleging that he had made repeated requests for the payment under the award without success. He then alleged and prayed as follows:
The reason and purpose for the delay and withholding of payment by the defendant is for the purpose of harassment, vexation and torment of this plaintiff and is an extension of a pattern of conduct consistently pursued by the defendant since shortly after the time of plaintiff's injury to hamper, delay, harass and torment him.
The conduct of defendant is also retaliatory and spiteful in relation to the claim which this plaintiff has made against the defendant in the Workmen's Compensation proceeding heretofore referred to. Plaintiff has been caused substantial mental anguish, injury, and damages as a result of all this behavior on the part of the defendant to the extent of $1,000.00. Moreover, plaintiff is entitled to have $5,000.00 punitive damages assessed against the defendant and in his favor on account of the deliberate, spiteful, and wanton disregard to the consequences exhibited by the defendant and its agents and employees as set out.
WHEREFORE, premises considered, plaintiff prays judgment against the defendant, Houston General Insurance Company, for compensatory damages in the amount of $1,000.00; and plaintiff prays judgment against the said defendant for punitive damages in the amount of an additional $5,000.00; and plaintiff prays for his costs herein expended and for all other proper relief whether specifically prayed for herein or not.
On March 26, 1975, the appellee filed motion to dismiss, the pertinent portion of the motion being as follows:
Part of this claim was accepted as compensable and part was controverted by Houston General Insurance Company at a hearing on July 10, 1974. Awards of compensation to the claimant were made by the Arkansas Workmen's Compensation Commission on January 22, 1975, and March 17, 1975. All sums due and payable under these awards have been paid by the defendant.
The Arkansas Workmen's Compensation Act is the plaintiff's exclusive remedy against this defendant and any claim for additional benefits should be made through the Arkansas Workmen's Compensation Commission.
The Complaint does not state a cause of action against this defendant.
On June 4, 1975, the circuit court granted the appellee's motion and dismissed the complaint because it failed to state a cause of action against the defendant.
Under the points he relies on for reversal the appellant first contends that the motion to...
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