Opinion

Carter v. Bush

  • 283 Ark. 16
  • 669 S.W.2d 902
  • 677 S.W.2d 837
  • 1984 Ark. LEXIS 1693
Court
Supreme Court of Arkansas
Filed
Jun 11, 1984
Status
Published
Author
Hickman
On the bench
Hollingsworth, Hickman
Cited by
19 cases
Authority
More cited than 8.3%

substituted opinion on denial of rehearing

How later courts described this case

  • substituted opinion on denial of rehearing

Written by the judges who cited it.

Distinguished

  • Distinguished by Bly v. Young, 293 Ark. 36 (1987)

    Our holding in Carter v. Bush, supra, is applicable here, whereas the Beaulieu case is distinguishable on the basis she asserts.
    Supreme Court of ArkansasJul 13, 1987Read it

The opinion

Darrell Hickman, Justice, concurring upon rehearing. Essentially, I agree with the substituted opinion which I conclude holds a state employee that has liability insurance may be sued, that is, named a party defendant, but may not be held personally liable for negligent acts that occur in the course of his employment.

This is not consistent with our decision in Grimmett v. Digby, 267 Ark. 192 , 589 S.W.2d 579 (1979), which held a state employee could be found liable personally for negligent acts which violate a duty imposed on him in common with all other people.

After our decision in Grimmett, the General Assembly in 1981 passed Act 586 which contains a section that unequivocally is contrary to Grimmett. It reads: “Officers and employees of the State of Arkansas are immune from civil liability for acts or omissions, other than malicious acts or omissions, occurring within the course and scope of their employment.” § 13-1420. The result we have reached in this case is consistent with the provisions of Act 586 and Act 543 of 1977.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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