# Carter v. Bush

> Supreme Court of Arkansas · June 11, 1984 · 283 Ark. 16

URL: https://www.frixlaw.com/law-library/cases/9683206

## Case

- **Full name:** Jodine CARTER, Individually and as Executrix of the Estate of J. C. CARTER, Deceased v. Eddie BUSH, Ernest COLLARD and COMMERCIAL UNION INSURANCE CO.
- **Court:** Supreme Court of Arkansas
- **Decided:** June 11, 1984
- **Citations:** 283 Ark. 16; 669 S.W.2d 902; 677 S.W.2d 837; 1984 Ark. LEXIS 1693
- **Precedential status:** Published
- **Opinion:** Concurrence by Hickman
- **Judges:** Hollingsworth, Hickman
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9683206

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9683206. Public record. Not legal advice.