Hooper v. Zajac
Docket: 81-182
Court: Supreme Court of Arkansas; January 25, 1982; Arkansas; State Supreme Court
Hooper filed a suit in the Faulkner Circuit Court against Zajac, Edwards, and Chapman, involving separate causes of action against each defendant. All three defendants sought to quash the summons, claiming they resided in Pulaski County, where the suit should be filed. Hooper argued his claims were grounded in tort under Ark. Stat. Ann. 27-611, a venue statute. The trial judge dismissed the action without a hearing, determining that the defendants resided in Pulaski County, where the alleged acts occurred. The Court of Appeals certified the case, leading to a review of the rulings. For Zajac, the complaint alleged that he improperly retained Hooper's car for ten days after hooking it to his wrecker. Hooper claimed $200 in damages due to property damage, but the court found no cause of action for conversion, as the removal of parts was not separately valued, and the claim was one of breach of contract rather than tort. The court upheld the dismissal against Zajac, clarifying that the venue statute applies only to damages from accidents involving force or violence, which were not present in this case. In contrast, the allegations against Edwards and Chapman indicated that they possessed and refused to return Hooper’s household goods, constituting conversion. The court determined that venue for these defendants was appropriate in Faulkner County under Ark. Stat. Ann. 27-611. Consequently, the court affirmed the dismissal against Zajac but reversed the decision regarding Edwards and Chapman, allowing the suit to proceed against them in Faulkner County.