Court: Supreme Court of Arkansas; March 18, 1985; Arkansas; State Supreme Court
An appeal was filed in a wrongful death case stemming from a truck accident in Akron, Ohio, resulting in the death of truck driver Dennis Lee Allen. His widow and heirs sued C. L Trucking, which owned the trailer, Kelly Capps, the tractor's owner, and Junior Landis, Allen’s employer, J. L Trucking. Junior Landis was dismissed during the trial, and the jury awarded the appellees $152,000 in joint and several liability. The appellants contested the ruling, arguing C. L Trucking should be barred from liability due to its close relationship with J. L Trucking. This argument, raised late in the trial, referenced a prior case ruling that employees of J. L were considered employees of C. L for workers’ compensation purposes. The trial court found this ruling did not apply and determined that C. L and J. L operated as separate entities, supported by evidence showing distinct ownership and operations of the two companies. The appellants attempted to reintroduce this argument and additional evidence during a motion for a new trial, but the court found no convincing evidence to support the claim that the companies were the same entity. Consequently, the court affirmed the original judgment, as the appellants failed to timely raise their arguments and did not present sufficient evidence during the trial.
Appellants argue that Dennis Allen was loaned from J. L to C. L, making C. L his employer at the time of his death and limiting remedies to worker’s compensation. The trial court allowed the issue to be presented to the jury; however, appellants did not raise it again or request a jury instruction. Consequently, the appellate court will not consider this issue on appeal, referencing precedent. Additionally, the argument that C. L and J. L were joint venturers, thus immune from tort liability, was not presented at trial and will also not be considered.
Regarding negligence, the appellees provided testimony from two witnesses, including an expert and an investigating officer, who established that worn tires on the truck caused the accident. Proximate cause is typically a factual determination for the jury. The jury found C. L Trucking, Inc. liable, stating they were equally liable with Capps, each at 50%. After the jury was instructed to determine damages, they returned verdicts of $76,000 against both C. L and Capps without objection. The trial court entered a judgment against them as jointly and severally liable for $152,000, which was approved by both attorneys.
Appellants contested their joint and several liability, claiming if they were liable, it should only be for $76,000. C. L later filed a bond admitting liability for $152,000. The trial court amended the judgment to remove "jointly and severally," allowing C. L to post a bond for $76,000. The appellees sought a writ of mandamus, which was granted, requiring a supersedeas bond of $152,000 based on the jury's determination of equal liability. The appellate court affirmed that both parties were joint tortfeasors and jointly and severally liable for the full amount of the judgment, referencing relevant Arkansas statutes and case law.
