PARISH v. PITTS

No. 5-4134.

429 S.W.2d 45 (1968)

244 Ark. 1239

Mrs. Dora Louise PARISH and Thomas L. Parish, her husband, Appellants, v. Ollie W. PITTS and the City of Little Rock, Appellees.

Supreme Court of Arkansas.

Rehearing Denied July 15, 1968.


Attorney(s) appearing for the Case

Alonzo D. Camp, Little Rock, for appellants.

Joseph C. Kemp and John B. Plegge, Little Rock, for appellees.

Henry Woods and Dale Price, Little Rock, amicus brief for Trial Lawyers Ass'n.

Glenn G. Zimmerman and William G. Fleming, North Little Rock, amicus brief for Ark. Municipal League.

W. H. Dillahunty, West Memphis, amicus brief for City-West Memphis.

Spitzberg, Bonner, Mitchell & Hays, Little Rock, and Daily & Woods, Fort Smith, and Graham Sudbury, Blytheville, amicus brief for Little Rock Waterworks Commissioners.

Terral, Rawlings, Matthews & Purtle and another, Little Rock, for amicus brief for Ark. Hosp. Association.

F. N. Burke, Jr., Marianna, for St. Francis Levee District of Arkansas.

Roscopf & Raff, Helena, for White River Drainage District of Phillips and Desha Counties, Arkansas Laconia Drainage and Levee District of Phillips County, and Helena Improvement District.

David Solomon, Helena, for Beaver Bayou Drainage District.

John L. Anderson, Helena, for Cotton Belt Levee District.

Oscar Fendler, Blytheville, for Drainage District No. 16 of Mississippi County, Arkansas.

Rieves & Rieves, West Memphis, for Drainage District No. 5 of Crittenden County, Arkansas.

Frierson, Walker & Snellgrove, Jonesboro, for Cache River-Bayou DeView Improvement District, First Slough Drainage District of Poinsett County, Arkansas, Drainage Districts Nos. 7, 9, 19, 20, 26, 29 and 33 of Poinsett County, Arkansas.


WILLIAM M. MOORHEAD, Special Justice.

This Court is again asked to overturn the rule of law granting to municipalities immunity from liability for damages negligently inflicted on others while acting in a governmental capacity.

Appellants sued the City of Little Rock and one of its employees for damages as compensation for painful and permanent bodily injuries allegedly suffered by Mrs. Parish when her car was negligently struck by the City's garbage truck...

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