Summary
The Arkansas Supreme Court reviewed a wrongful-death action arising from a collision between an automobile and a farm tractor. The court held that the trial court erred by refusing jury instructions concerning statutory permit, lighting, and slow-speed requirements, and by granting summary judgment to Griffin on direct-negligence claims. The court reversed and remanded for a new trial, also addressing the admissibility of photographs.
Topics
Practice areas
Questions Presented
- Whether the estate was entitled to jury instructions treating alleged violations of Arkansas statutes concerning permits, farm-equipment lighting, and slow speed as some evidence of negligence.
- Whether the circuit court properly granted Griffin summary judgment on the estate's direct-negligence claims.
- Whether the circuit court properly admitted reconstruction photographs without a proper foundation showing fair representation and substantial similarity to the accident conditions.
- Whether the 2001 amendment to Arkansas's wrongful-death statute authorizing loss-of-life damages applies retroactively to a cause of action arising before the amendment.
- Whether the circuit court improperly limited evidence relevant to Taylor's agency or employment relationship with Griffin.
- Whether substantial evidence supported the denial of Taylor and Griffin's motion for directed verdict on the agency or employment issue.
Holdings
- Arkansas Code section 27-35-210 controls over section 27-35-102 for farm tractors traveling on highways at night because the statutes irreconcilably conflict and the later statute repealed the earlier provision by implication for that purpose. McMickle was entitled to an instruction based on section 27-35-210.
- Arkansas Code section 27-36-219 requires lighting on a farm tractor or attached farm equipment that is visible from the rear, and the jury should have been instructed to determine whether the tractor and plow violated that requirement and whether any violation constituted some evidence of negligence.
- The estate was entitled to an instruction under Arkansas Code section 27-51-208(a) because evidence that Taylor drove forty miles per hour below the speed limit at night provided some basis for finding that he impeded the normal and reasonable movement of traffic.
- Summary judgment for Griffin was improper because genuine issues of material fact existed concerning whether Taylor was Griffin's employee or agent, whether Griffin owed duties related to supervision and protection of third parties, and whether Griffin was directly negligent in supplying or modifying the tractor and plow.
- Each reconstruction photograph required a proper foundation establishing that it fairly represented the accident scene and was substantially similar to the conditions existing at the time of the accident. Failure to lay that foundation for each photograph constituted reversible error.
- Act 1516 of 2001, adding loss of life as an independent element of wrongful-death damages under Arkansas Code section 16-62-101, applies retroactively because it supplied a new remedy or measure of damages for an existing cause of action rather than creating a new substantive right or obligation.
- When evidence concerning the nature and extent of an agency relationship is conflicting, evidence tending to establish agency or employment—including evidence concerning Griffin's control of Tyler Farms and its constituent corporations—is admissible.
- The circuit court properly denied the directed-verdict motion because substantial evidence supported a finding that Taylor was Griffin's employee or agent.
Key quotations
“We hold that this conflict between §§ 27-35-102 and 27-35-210 is irreconcilable and results in a repeal by implication of § 27-35-102 for purposes of farm tractors traveling on highways at night.” (at 737)
“We hold that § 27-36-219 requires lighting on a farm tractor visible from the rear of that tractor.” (at 739)
“It is clear to this court that Act 1516 of 2001 added only a new remedy to an already existing right.” (at 747)
“We affirm on the cross-appeal. Reversed and remanded. Affirmed on cross appeal.” (at 749)
Factual background
On November 9, 1999, Calvin McMickle died when his Chevrolet Blazer struck the rear of a John Deere 8400 farm tractor and attached plow on Arkansas Highway 44 after dark. The estate alleged that David E. Taylor operated the tractor too slowly and without adequate lighting and that the plow obscured the tractor's lights. It also alleged that David Griffin, the tractor's owner, was Taylor's employer or principal and was directly negligent in maintaining the equipment and supervising or instructing Taylor.
Procedural history
The circuit court granted Griffin summary judgment on McMickle's direct-negligence claim. After trial, the jury found for Taylor and Griffin, found no negligence by Calvin McMickle that proximately caused damages, and found that Taylor was Griffin's agent or employee. The Supreme Court of Arkansas reversed and remanded for a new trial on McMickle's appeal and affirmed on the cross-appeal.
Remand instructions
Conduct a new trial with proper jury instructions on the permit, lighting, and slow-speed statutes; reconsider Griffin's direct-negligence claims in light of the factual disputes; require a proper foundation for each reconstruction photograph; permit relevant evidence concerning agency or employment; and apply the 2001 loss-of-life damages amendment retroactively.