Statutory Immunity Defeats Suit for Wrongful Death Suit Against Police Officers
Post 5077
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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.
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Fraudulent Joinder of Defendant to Avoid Federal Court Fails
Post 5113
It Never Pays to Sue a Party Who Did Nothing Wrong
The Plaintiffs initiated this action in state court, asserting claims for breach of contract, bad faith, and constructive fraud/negligent misrepresentation against State Farm. They also brought claims for negligent procurement of insurance and constructive fraud/negligent misrepresentation against Tyler McCall and the Tyler McCall Insurance Agency, Inc .
In Justin Gamble and Brittany Gamble v. State Farm Fire And Casualty Company, et al., No. CIV-25-396-R, United States District Court, W.D. Oklahoma (July 2, 2025) State Farm removed the case to Federal Court and alleged that the McCall Agency was fraudulently joined to avoid removal.
KEY ISSUES
Fraudulent Joinder: State Farm removed the case, arguing that Mr. McCall and the McCall Agency were fraudulently joined ...
Attempt at Insurance Fraud Fails
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Post 5112
The following is a fictionalized True Crime Story from my experience of Insurance Fraud. This story explains why insurance fraud is a “Heads I Win, Tails You Lose” situation for insurers and those insured. The story is presented to help you to understand how insurance fraud in America is costing everyone who buys insurance.
Arson on Independence Day Resulted in Prison for the Arsonist
The insured had no respect for his insurance company. He expected them to pay any claim he presented. He expected no investigation. Other members of the same immigrant community had successfully committed arson fraud. It was so easy for others. He decided to burn his house down.
The insured thought he was highly intelligent. He planned his arson fire carefully. He arranged for his wife and children to spend the weekend with their cousins in Oakland. He got four ...
Earth Movement Exclusion Effective as Major Cause of Loss
One of Many Causes of Destruction of House was Earth Movement
Post 5111
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Anti-Concurrent Cause Language Required Claim Denial
Read the full article at https://lnkd.in/gwWkr4SS, see the full video at https://lnkd.in/gQA-s4zZ and at https://lnkd.in/gujv2ZER, and at https://zalma.com/blog plus more than 5100 posts.
Terri Lawrence sued alleging that State Farm breached an insurance contract and acted in bad faith by failing to pay benefits under the contract. The case was removed to the United States District Court based on diversity jurisdiction, and the trial was set to begin on September 8, 2025.
In Terri Lawrence v. State Farm Fire..., No. C24-4008-LTS-MAR, United States District Court, N.D. Iowa, Western Division (June 25, 2025) the USDC applied anti-concurrent cause language to dismiss suit.
SUMMARY JUDGMENT
...
ZIFL Volume 29, Issue 10
The Source for the Insurance Fraud Professional
See the full video at https://lnkd.in/gK_P4-BK and at https://lnkd.in/g2Q7BHBu, and at https://zalma.com/blog and at https://lnkd.in/gjyMWHff.
Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ You can read the full issue of the May 15, 2025 issue at http://zalma.com/blog/wp-content/uploads/2025/05/ZIFL-05-15-2025.pdf
This issue contains the following articles about insurance fraud:
Health Care Fraud Trial Results in Murder for Hire of Witness
To Avoid Conviction for Insurance Fraud Defendants Murder Witness
In United States of America v. Louis Age, Jr.; Stanton Guillory; Louis Age, III; Ronald Wilson, Jr., No. 22-30656, United States Court of Appeals, Fifth Circuit (April 25, 2025) the Fifth Circuit dealt with the ...
Professional Health Care Services Exclusion Effective
Post 5073
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This opinion is the recommendation of a Magistrate Judge to the District Court Judge and involves Travelers Casualty Insurance Company and its duty to defend the New Mexico Bone and Joint Institute (NMBJI) and its physicians in a medical negligence lawsuit brought by Tervon Dorsey.
In Travelers Casualty Insurance Company Of America v. New Mexico Bone And Joint Institute, P.C.; American Foundation Of Lower Extremity Surgery And Research, Inc., a New Mexico Corporation; Riley Rampton, DPM; Loren K. Spencer, DPM; Tervon Dorsey, individually; Kimberly Dorsey, individually; and Kate Ferlic as Guardian Ad Litem for K.D. and J.D., minors, No. 2:24-cv-0027 MV/DLM, United States District Court, D. New Mexico (May 8, 2025) the Magistrate Judge Recommended:
Insurance Coverage Dispute:
Travelers issued a Commercial General Liability ...
A Heads I Win, Tails You Lose Story
Post 5062
Posted on April 30, 2025 by Barry Zalma
"This is a Fictionalized True Crime Story of Insurance Fraud that explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help everyone to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime."
Immigrant Criminals Attempt to Profit From Insurance Fraud
People who commit insurance fraud as a profession do so because it is easy. It requires no capital investment. The risk is low and the profits are high. The ease with which large amounts of money can be made from insurance fraud removes whatever moral hesitation might stop the perpetrator from committing the crime.
The temptation to do everything outside the law was the downfall of the brothers Karamazov. The brothers had escaped prison in the old Soviet Union by immigrating to the United...
