Sullivan v. Pulaski County
| Decision Date | 06 October 1969 |
| Docket Number | No. 5--4982,5--4982 |
| Parties | L. A. SULLIVAN, Admr., Appellant, v. PULASKI COUNTY, Arkansas, Appellee. |
| Court | Arkansas Supreme Court |
Alonzo D. Camp, Little Rock, for appellant.
Richard B. Adkisson, Pros. Atty., James R. Howard, David R. Munroe, Deputy Pros. Attys., Little Rock, for appellee.
This appeal is an effort to persuade this court to extend the rule announced in Parish v. Pitts, 244 Ark. 1239, 429 S.W.2d 45 (rehearing denied on July 15, 1968) to permit suits in tort against counties. On the night of July 24, 1967, Joseph Sullivan was killed on the Woodson Lateral Road, a county public road, in Pulaski County. Death occurred when the Sullivan vehicle left the road on a curve, and plunged into a tree. The administrator of the estate instituted suit against Pulaski County, alleging negligence against the county because of its failure to erect and maintain visible markers, effective warning signs, or luminous reflectors. Other similar allegations of negligence were asserted, and damages were sought in the sum of $100,000.00. The county demurred to the complaint on the basis of county immunity from tort liability, and upon hearing, the trial court sustained such demurrer. From the order so entered, appellant brings this appeal.
While there are probably several reasons why appellant cannot prevail in this litigation, we deem it sufficient to simply call attention to the action of the General Assembly of Arkansas in enacting legislation which became Act 165 of 1969. This act became effective on March 5, 1969, and is entitled:
'AN ACT to Declare It to Be the Public Policy of the State of Arkansas That the State and Its Political Subdivisions Shall Not Be Liable for Tort Under the Laws of the State of Arkansas and to Provide That No Action Shall Be Maintained Therefor; to Require All Political Subdivisions to Carry Liability Insurance On Their Motor Vehicles; to Declare An Emergency; and for Other Purposes.'
Section 1 provides as follows:
'It is hereby 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 shall be immune from liability for damages, and no tort action shall lie against any such political subdivision, on account of the acts of their agents and employees.' 1
This statement of public policy is plain and unambiguous, and leaves no room for doubt.
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White v. State
...a general immunity structure was enacted. Hardin v. City of Devalls Bluff, 256 Ark. 480, 508 S.W.2d 559 (1974); Sullivan v. Pulaski County, 247 Ark. 259, 445 S.W.2d 94 (1969). In Kentucky, a bill for a capped total for recovery for liability for a single incident was justified in Com. v. Da......
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Brown v. Wichita State University
...statement of public policy as being 'plain and unambiguous' and leaving 'no room for doubt.' (Sullivan, Adm'r v. Pulaski County, 247 Ark. 259, 261, 445 S.W.2d 94 (1969).) Arkansas has a constitutional provision, (Art. 2, § 13) guaranteeing remedies for injuries which is similar to our Secti......
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Seymour Nat. Bank v. State
...such political subdivision, on account of the acts of their agents and employees. (Emphasis added).Quoted in Sullivan v. Pulaski County, 247 Ark. 259, 445 S.W.2d 94, 95 (1969).13 It seems obvious that, generally speaking, such a decision will be owed solely to the ...
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Sturdivant v. City of Farmington
...immediately on its passage and approval. We have had at least three cases in which we have discussed Act 165. Sullivan v. Pulaski County, 247 Ark. 259, 445 S.W.2d 94 (1969); Chandler v. Pulaski County, 247 Ark. 262, 445 S.W.2d 96 (1969); Williams v. Jefferson Hospital Ass'n., 246 Ark. 1231,......