Statutory Immunity Defeats Suit for Wrongful Death Suit Against Police Officers
Post 5077
See the full video at https://lnkd.in/gHWaCM5A and at https://lnkd.in/gEBvEyA2, and at https://zalma.com/blog plus more than 5050 posts.
Posted on May 19, 2025 by Barry Zalma
Claim of Wrongful Death by Taser Fails
When a wrongful-death claim brought by Clayton Franklin, the administrator of his son Cody’s estate, against the City of Ozark and two police officers following Cody’s death in custody resulted in a grant of summary judgment in favor of the defendants, Franklin appealed, arguing that the statute of limitations did not apply and that the defendants were not immune from the claim.
In Clayton Franklin As Adminstrator For The Estate Of Cody J. Franklin v. City Of Ozark, Arkansas; Nathan Griffith; And Joseph Griffith, No. CV-24-331, Court of Appeals of Arkansas, Division IV, 2025 Ark.App. 308 (May 14, 2025) the trial court’s decision was affirmed.
FACTUAL BACKGROUND
1 Wrongful Death Claim: Clayton Franklin filed a wrongful-death claim after his son Cody died while detained, alleging negligence and excessive force by the officers.
2 Background of Incident: The case originated from events on May 10-11, 2016, when Cody was arrested after behaving erratically and subsequently died after being tased multiple times by officers.
3 Federal Court Proceedings: Initially, the case was filed in federal court, where claims against municipalities were dismissed, and the Eighth Circuit found the officers acted reasonably, granting them qualified immunity.
4 Circuit Court Rulings: The circuit court dismissed the second amended complaint, ruling that the claims were barred by the statute of limitations and that the defendants were entitled to statutory immunity under Arkansas law.
5 Immunity and Negligence: The court held that the allegations of “willful and wanton” conduct did not rise to the level of intentional torts, thus granting immunity to the defendants as per Arkansas Code.
STATUTORY IMMUNITY
In issuing a blanket ruling, as the circuit court did here, a circuit court is deemed to have accepted all arguments advanced by the prevailing party. The circuit court therefore accepted appellees’ arguments that the second amended complaint should be dismissed because the statute of limitations barred appellant’s claims and because appellees were entitled to statutory immunity under Arkansas Code Annotated section 21-9-301.
ANALYSIS
An affidavit stating that there is no general-liability coverage establishes a prima facie entitlement to summary judgment. The mayor’s affidavit sufficiently established that the City did not possess general-liability insurance at the time of the incident to cover appellant’s claims and immunity of the officers was established.
The Court of Appeals concluded that circuit court did not err in dismissing the second amended complaint after finding that appellees were immune to appellant’s wrongful-death claims as alleged, it is unnecessary for the Court of Apeals to address the circuit court’s alternative basis for dismissal.
ZALMA OPINION
This is essentially a sovereign immunity case where, if there is no insurance available for negligent conduct of police officers, the city and its officers are immune from suit unless the governmental entity has insurance to pay for losses like those resulting from the death of Cody.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.
Subscribe to my substack at https://barryzalma.substack.com/subscribe
Go to X @bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://lnkd.in/gwEYk
The Professional Claims Handler
Post 5218
Read the full article at https://www.linkedin.com/pulse/zalma-philosophy-claims-handling-part-8-barry-zalma-esq-cfe-zdwsc, see the full video at https://rumble.com/v70zl4s-the-zalma-philosophy-of-claims-handling-part-8.html and at https://youtu.be/MIYcF71ffRQ, and at https://zalma.com/blog plus more than 5200 posts.
Claims Commandment X – Thou Shall Not Pretend to be a Lawyer
Some experienced and professional claims people know the law in their area of expertise better than most lawyers.
Adjusters should be adjusters and leave lawyering to lawyers. Similarly, lawyers should be lawyers and never try to be adjusters.
Claims Commandment XI – Thou Shall Empathize With the Claimant
Everyone presenting a claim is unhappy, disturbed, shocked, injured and needs help.
Empathy is identification with and understanding of another’s situation, feelings, and motives. It is the ability to understand another person’s circumstances, point of view, thoughts, and feelings....
HOW TO CREATE AN EXCELLENCE IN CLAIMS HANDLING PROGRAM
See the full video at https://rumble.com/v70wb2i-the-zalma-philosophy-of-claims-handling-part-6.html and at https://youtu.be/tL5nDKPEs40 and at https://zalma.com/blog plus more than 5200 posts.
Post 5217
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry.
An Excellence in Claims Handling program begins with a statement in the insurer’s claims manual or statement of professionalism that it is dedicated to providing excellence in claims handling to every insured who presents a claim.
The excellence in claims handling program should include, at a minimum:
A series of lectures supported by text materials explaining:
A definition of insurance.
How to read and understand an insurance policy.
How to interview an insured, witness, or claimant.
How to assist an insured in the insured’s obligation to ...
The Professional Claims Handler
Post 5216
Read the full article at https://www.linkedin.com/pulse/zalma-philosophy-claims-handling-part-5-barry-zalma-esq-cfe-jde8c, see the full video at https://rumble.com/v70q4x8-the-zalma-philosophy-of-claims-handling-part-5.html and at https://youtu.be/6b9tZQsEkB4, and at https://zalma.com/blog plus more than 5200 posts.
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry.
Standards to be a Professional Claims Adjuster
The Insurance claims professional should be a person who:
1. Can read and understand the insurance policies issued by the insurer.
2. Understands the promises made by the policy.
3. Understand their obligation, as an insurer’s claims staff, to fulfill the promises made.
4. Are competent investigators.
5. Have empathy and recognize the difference between empathy and sympathy.
6. ...
The Professional Claims Handler
Post 5219
Posted on October 31, 2025 by Barry Zalma
An Insurance claims professionals should be a person who:
Can read and understand the insurance policies issued by the insurer.
Understands the promises made by the policy.
Understand their obligation, as an insurer’s claims staff, to fulfill the promises made.
Are competent investigators.
Have empathy and recognize the difference between empathy and sympathy.
Understand medicine relating to traumatic injuries and are sufficiently versed in tort law to deal with lawyers as equals.
Understand how to repair damage to real and personal property and the value of the repairs or the property.
Understand how to negotiate a fair and reasonable settlement with the insured that is fair and reasonable to both the insured and the insurer.
How to Create Claims Professionals
To avoid fraudulent claims, claims of breach of contract, bad faith, punitive damages, unresolved losses, and to make a profit, insurers ...
The History Behind the Creation of a Claims Handling Expert
The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail
Post 5210
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.
My Training to be an Insurance Claims Adjuster
When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.
I was initially sat at a desk reading a text-book on insurance ...
The History Behind the Creation of a Claims Handling Expert
The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail
Post 5210
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.
My Training to be an Insurance Claims Adjuster
When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.
I was initially sat at a desk reading a text-book on insurance ...
