Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Yang v. City of Little Rock

Supreme Court of Arkansas

May 30, 2019

DAYONG YANG, as Special Administrator of the Estate of Le Yang, Deceased, Appellant
v.
CITY OF LITTLE ROCK, Arkansas; Stuart Thomas, Individually and in His Official Capacity as Chief of Police for the City of Little Rock; Wayne Bewley, Individually and in His Official Capacity as Assistant Chief of Police for the City of Little Rock; Laura Martin, Individually and in Her Official Capacity as Communications Center Manager for the City of Little Rock; Linda Wilson, Individually and in Her Official Capacity as Communications Administrator for the City of Little Rock; Sharon Martin, in Her Official Capacity as Communications Shift Supervisor for the City of Little Rock; Alan Cate, Individually and in His Official Capacity as Communications Shift Supervisor for the City of Little Rock; Marquita Dooley, Individually and in Her Official Capacity as Emergency Communications Trainer for the City of Little Rock; Candace Middleton, Individually and in Her Official Capacity as Communications Call Taker for the City of Little Rock; Karen Grimm, Individually and in Her Official Capacity as Communications Systems Specialist for the City of Little Rock; Gregory L. Summers, Individually and in His Official Capacity as Fire Chief for the City of Little Rock; Robert Sharp, Individually and in His Official Capacity as Fire Captain for the City of Little Rock; and Frank Scott and Eddie Rhine, Individually and in Their Official Capacities as Firefighters for the City of Little Rock, Appellees

Page 395

[Copyrighted Material Omitted]

Page 396

          APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT [NO. 60CV-13-3115], HONORABLE TIMOTHY DAVIS FOX, JUDGE

         McMath Woods, P.A., by: Carter C. Stein, Little Rock, for appellant.

         Thomas M. Carpenter, City Attorney; William C. Mann, Chief Deputy City Attorney, by: Rick D. Hogan, Deputy City Attorney, for appellee.

          OPINION

         JOHN DAN KEMP, Chief Justice

          Appellant Dayong Yang, as special administrator of the estate of his deceased son, Le Yang, appeals an order of the Pulaski County Circuit Court granting summary judgment to appellees City of Little Rock, Arkansas; Stuart Thomas; Wayne Bewley; Laura Martin; Linda Wilson; Sharon Martin; Alan Cate; Marquita Dooley; Candace Middleton; Karen Grimm; Gregory L. Summers; Robert Sharp; Frank Scott; and Eddie Rhine ("the City"). For reversal, Yang argues that the circuit court erred in granting summary judgment on his negligence and civil-rights claims. We affirm.

          I. Facts

          This court provided a full recitation of the facts in City of Little Rock v. Yang, 2017 Ark. 18, 509 S.W.3d 632 ("Yang I "). Yang had filed a wrongful-death action against the City and others over the City’s alleged mishandling of a 911 call seeking rescue services for his son. In his third amended complaint, Yang alleged negligence causes of action arising under Arkansas law and civil-rights violations under 42 U.S.C. section 1983, the Fourteenth Amendment to the United States Constitution, and Arkansas law. He also sought compensatory and punitive damages. In Yang I, we affirmed the circuit court’s denial of the City’s motion for summary judgment on the negligence claims. We held that the City and its employees had failed to plead and prove that it was entitled to municipal immunity. We reversed the circuit court’s denial of summary judgment on Yang’s negligence claims against MEMS. Id., 509 S.W.3d 632.

         On remand, the City moved for summary judgment on Yang’s negligence claims and asserted municipal immunity. Specifically, the City claimed that it had no

Page 397

general-liability coverage under Arkansas Code Annotated section 21-9-301 (Repl. 2016). With its motion, the City submitted affidavits from Bruce Moore, city manager, and Stacey Witherell, human-resources director. In their affidavits, they stated that the City did not possess any general-liability insurance policy that would cover Yang’s claims. The City did not seek dismissal of Yang’s civil-rights claims in its motion. Yang filed his response to the City’s renewed motion for summary judgment and argued that it should be denied because this court had ruled on the City’s affirmative defense of municipal immunity, and alternatively, that the City had failed to establish a prima facie entitlement to summary judgment.

         On April 13, 2017, the circuit court entered an order granting the City’s motion for summary judgment and dismissing the City with prejudice. Yang subsequently filed a motion requesting modification of the circuit court’s order. He asked the circuit court to clarify that the City had not been dismissed with prejudice because Yang’s section 1983 claims remained pending. The City responded that the circuit court was within its discretion to issue the order dismissing the City with prejudice. On May 25, 2017, the circuit court denied Yang’s motion requesting modification of the order. Yang now brings his appeal.[1]

          II. Negligence Claims

         For his first point on appeal, Yang argues that the circuit court erred in granting summary judgment in favor of the City. Specifically, Yang contends that the City did not prove any entitlement to municipal immunity under Arkansas Code Annotated section ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.