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SMITH v. ROGERS GROUP, INC.

No. 01-1028.

72 S.W.3d 450 (2002)

348 Ark. 241

Denise SMITH, Individually, and as Natural Mother and Guardian of Jessica Moody, a Minor, and Deidre Moody, a Minor; Jo Ann Cross, Individually, and as Administratrix of the Estate of Cauley Shane Coffey, Deceased; Jeannie Bright Love, Individually, and as Administratrix of the Estates of Amy M. Bright, Deceased, and Emile Bright, Deceased; Stacey Jackson Montgomery, Individually, and as Administratrix of the Estate of Michael Jackson, Deceased, and as Natural Mother and Guardian of Erica Jackson, a Minor; and Tom M. Young, Administrator of the Estate of Vira A. Young, Deceased, v. ROGERS GROUP, INC., John Doe 1 through 5; Hartford Fire Insurance Company; and National Union Fire Insurance Company and James Evans, v. Rogers Group, Inc.; John Doe 1 through 5; Marilyn K. Loftin, Administratrix of the Estate of Heath Loftin, Deceased; Hartford Fire Insurance Company; and National Union Fire Insurance Company.

Supreme Court of Arkansas.

April 18, 2002.

Attorney(s) appearing for the Case

Gary Eubanks & Associates, by: William Gary Holt and Robert S. Tschiemer, Little Rock, for appellants.

Laser Law Firm, by Sam Laser and Brian A. Brown, Little Rock, for appellee Hartford Fire Insurance Company.

Huckabay, Munson, Rowlett & Tilley, P.A., by: Bruce Munson and Julia L. Busfield, Little Rock, for appellee National Union Fire Insurance Company.

DONALD L. CORBIN, Justice.

The central issue in this case is whether the acquired-immunity doctrine is still a viable defense in this state. The Faulkner County Circuit Court concluded that it is and granted summary judgment to Appellee Rogers Group, Inc., and its insurers, Appellees Hartford Fire Insurance Company and National Union Fire Insurance Company. This case stems from three automobile accidents that occurred on U.S. Highway 65 North, between Conway and Greenbrier...

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