Opinion

City of Little Rock v. Cameron

  • 320 Ark. 444
  • 897 S.W.2d 562
  • 1995 Ark. LEXIS 272
  • 1995 WL 274951
Court
Supreme Court of Arkansas
Filed
May 8, 1995
Status
Published
Author
Corbin
On the bench
Brown, Glaze, Corbin
Cited by
24 cases
Authority
More cited than 10.7%

"[V]oluntary intoxication may be a factor to be considered by the trier of fact in determining negligence."

How later courts described this case

  • "[V]oluntary intoxication may be a factor to be considered by the trier of fact in determining negligence."
  • “[Yjoluntary intoxication may be a factor to be considered by the trier of fact in determining negligence.”

Written by the judges who cited it.

The opinion

Donald L. Corbin, Justice, dissenting. I dissent.

The case should have been submitted to the jury for decision. The facts of the appellee’s drinking mixed with a collision with another vehicle he did not know he hit and his collision with a traffic light pole should have been submitted to the jury to resolve whether he was negligent in the operation of his vehicle. One does not have to be intoxicated under a legal definition of 0.10% before having his mental and reaction time slowed down by the drink. See Stephens v. State, 320 Ark. 426 , 898 S.W.2d 435 (1995). When all of this is coupled with rain slicked streets, it would be a proper issue for a jury to draw upon their individual experiences to determine if, under all of these conditions, negligence existed. I would reverse and remand for trial.

Glaze, J., joins in this dissent.

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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