Rankin v. Farmers Tractor & Equipment Co., Inc.

Decision Date12 December 1994
Docket NumberNo. 94-541,94-541
Citation888 S.W.2d 657,319 Ark. 26
CourtArkansas Supreme Court
PartiesDarryl Lynn RANKIN and Mrs. Darryl Lynn Rankin, Appellants, v. FARMERS TRACTOR & EQUIPMENT COMPANY, INC., Appellee.

David Hodges, Little Rock, for appellants.

Guy Alton Wade, Little Rock, for appellee.

GLAZE, Justice.

The primary issue in this appeal is whether appellant Darryl Rankin's suit for negligence against Farmers Tractor & Equipment Company, Inc., is barred by the exclusivity provisions of the Workers' Compensation Act. This dispute commenced when a workers' compensation claim form was filed, reflecting that, on July 12, 1993, Rankin notified his employer, Farmers Tractor and Equipment Company, Inc., that he sustained a work-related injury on June 29, 1993. After an initial investigation of the claim, Farmers, on July 23, 1993, controverted Rankin's claim, alleging Rankin's injury had not arisen in the course and scope of employment. Farmers' bases for controversion were that Rankin had had back problems before, he had not duly reported this specific work incident, and his co-workers denied that the incident ever occurred.

On September 15, 1993, Rankin and his wife filed suit against Farmers in circuit court, alleging that Rankin injured his back moving a desk and Farmers' negligence was the proximate cause of his injury. On October 4, 1993, Farmers moved to dismiss, stating the Rankins' complaint was barred by Ark.Code Ann. § 11-9-105(a) (Supp.1993), the exclusive remedy provision of the Workers' Compensation Act. Farmers further moved for a protective order, requesting Rankin be precluded from conducting discovery against Farmers because it was not subject to suit under the exclusivity provision of the Workers' Compensation law. Rankin agreed no discovery should be done pending the resolution of Farmers' motion to dismiss, so the trial court entered an order granting Farmers' request for protective order.

Rankin filed an affidavit, alleging he was an employee of Dickey Machine Works (Dickey) at the time of the June 29, 1993 incident, and was not an employee of Farmers. In response, Farmers filed supplemental exhibits that reflected the following: (1) Exhibit A included the certificate of the Secretary of State's office that Farmers applied for and received authority to operate under the fictitious name of Dickey Machine Works and that this authority had been certified on October 15, 1992, prior to the date of the alleged work incident on June 29, 1993; (2) Exhibit B was a certified copy of the application for the fictitious name of Dickey which was filed by Farmers. On January 5, 1994, Farmers also filed an affidavit of its chief executive officer, Bill Jones, setting out that (1) Farmers had operated under the fictitious name of Dickey, (2) Dickey is a part of Farmers and not a separate legal entity, (3) Rankin was employed and paid by Farmers at the time of the alleged injury on June 29, 1993, and (4) Farmers provided workers' compensation insurance coverage for all of its employees who were injured within the course and scope of employment.

Subsequently, Rankin sought to depose CEO Bill Jones. Farmers agreed, stating that Jones would be produced for the limited purpose of discussing issues related to Farmers' motion to dismiss and Rankin's employment relationship to Farmers. Rankin then cancelled Jones's deposition, and filed a motion with the court to enter an order prohibiting any restrictions on the discovery deposition of Jones.

At the request of the parties, the trial court set a hearing date for February 18, 1994, to consider "various pending matters." On that date, the trial court conducted a hearing on Farmers' motion to dismiss and other matters before the court. Upon a review of the pleadings, exhibits and arguments of counsel, it determined that Farmers' motion to dismiss should be granted because the court lacked subject matter jurisdiction under the Workers' Compensation exclusivity provision, § 11-9-105(a). On March 8, 1994, an order to that effect was entered dismissing the action with prejudice. Rankin appeals from that order.

Rankin first complains that, at the February 18 hearing, the trial court, without notice, improperly converted Farmers' motion to dismiss into a motion for summary judgment. Rankin argues that, under the circumstances in this case, the trial court was restricted to reviewing the facts alleged in his complaint when considering Farmers' dismissal motion, and because the court looked beyond the complaint, it erred. See Mid-South Beverages, Inc. v. Forrest City Grocery Co., 300 Ark. 204, 778 S.W.2d 218 (1989). Rankin contends that the court obviously looked at pleadings and other matters outside the complaint because his complaint alleges a personal injury claim against Farmers; it does not assert Farmers was Rankin's employer at the time of his injury. Farmers responds, stating the settled rule that, if matters outside the pleadings are presented and not excluded by the court, the motion to dismiss will be treated as one for summary judgment. See Ark.R.Civ.P. 12(b) and (c); Cross v. Coffman, 304 Ark. 666, 805 S.W.2d 44 (1991).

Farmers factually asserts that it had filed its motion on October 4, 1993, the trial court notified Rankin by letter dated January 25, 1994, that a February 18 hearing would be held on "various pending matters," and Rankin had over four months to gather affidavits to rebut Farmers' motion. Farmers further asserts Rankin knew exhibits were attached to Farmers' motion, and thus, would be treated as one for summary judgment. We agree.

We point out that, contrary to Rankin's contention, he did not rely solely on the allegations of his complaint. Instead, he attached his own affidavit and exhibit to counter exhibits and affidavit filed by Farmers. In sum, Rankin revealed his intention to meet Farmers' proof when he filed his responses with attachments.

Rankin's argument must also fail because he fails to show he suffered any prejudice by the trial court's summary judgment ruling. In BWH, Inc. v. Metropolitan National Bank, 267 Ark. 182, 590 S.W.2d 247 (1980), the court stated that, although it did not approve of the disposition of a motion for summary judgment without notice and hearing, it will not reverse a summary judgment when it is manifest that error is not prejudicial.

Here, as previously mentioned, Rankin had agreed to preclude any discovery...

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    ...348 Ark. 369, 72 S.W.3d 499 (2002) (citing Alexander v. Flake, 322 Ark. 239, 910 S.W.2d 190 (1995); Rankin v. Farmers Tractor & Equipment Co., Inc., 319 Ark. 26, 888 S.W.2d 657, (1994); Jenkins v. Int'l Paper Co., 318 Ark. 663, 887 S.W.2d 300 (1994)). In the instant case, Ballard does not i......
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