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
Convicted Criminal Seeks to Compel Receiver to Protect his Assets
Post number 5291
See the video at and at and at https://www.zalma.com/blog plus more than 5250 posts.
The Work of a Court Appointed Receiver is Constitutionally Protected
In Simon Semaan et al. v. Robert P. Mosier et al., G064385, California Court of Appeals, Fourth District, Third Division (February 6, 2026) the Court of Appeals applied the California anti-SLAPP statute which protects defendants from meritless lawsuits arising from constitutionally protected activities, including those performed in official capacities. The court also considered the doctrine of quasi-judicial immunity, which shields court-appointed receivers from liability for discretionary acts performed within their official duties.
Facts
In September 2021, the State of California filed felony charges against Simon Semaan, alleging violations of Insurance Code section 11760(a) for making...
When There are Two Different Other Insurance Clauses They Eliminate Each Other and Both Insurers Owe Indemnity Equally
Post number 5289
In Great West Casualty Co. v. Nationwide Agribusiness Insurance Co., and Conserv FS, Inc., and Timothy A. Brennan, as Administrator of the Estate of Pat- rick J. Brennan, deceased, Nos. 24-1258, 24-1259, United States Court of Appeals, Seventh Circuit (February 11, 2026) the USCA was required to resolve a dispute that arose when a tractor-trailer operated by Robert D. Fisher (agent of Deerpass Farms Trucking, LLC-II) was involved in a side-impact collision with an SUV driven by Patrick J. Brennan, resulting in Brennan’s death.
Facts
Deerpass Trucking, an interstate motor carrier, leased the tractor from Deerpass Farms Services, LLC, and hauled cargo for Conserv FS, Inc. under a trailer interchange agreement. The tractor was insured by Great West Casualty Company with a $1 million policy limit, while the trailer was insured by Nationwide Agribusiness Insurance Company with a $2 million ...
Opiod Producer Seeks Indemnity from CGL Insurers
Post number 5288
Read the full article at https://lnkd.in/guNhStN2, see the full video at https://lnkd.in/gYqkk-n3 and at https://lnkd.in/g8U3ehuc, and at https://zalma.com/blog plus more than 5250 posts.
Insurers Exclude Damages Due to Insured’s Products
In Matthew Dundon, As The Trustee Of The Endo General Unsecured Creditors’ Trust v. ACE Property And Casualty Insurance Company, et al., Civil Action No. 24-4221, United States District Court, E.D. Pennsylvania (February 10, 2026) Matthew Dundon, trustee of the Endo General Unsecured Creditors’ Trust, sued multiple commercial general liability (CGL) insurers for coverage of opioid-related litigation involving Endo International PLC a pharmaceutical manufacturer.
KEY FACTS
Beginning as early as 2014, thousands of opioid suits were filed by governments, third parties, and individuals alleging harms tied to opioid manufacturing and marketing.
Bankruptcy & Settlements
Endo filed Chapter 11 in August 2022; before bankruptcy it ...
Passover for Americans
Posted on February 19, 2026 by Barry Zalma
“The Passover Seder For Americans”
For more than 3,000 years Jewish fathers have told the story of the Exodus of the enslaved Jews from Egypt. Telling the story has been required of all Jewish fathers. Americans, who have lived in North America for more than 300 years have become Americans and many have lost the ability to read, write and understand the Hebrew language in which the story of Passover was first told in the Torah. Passover is one of the many holidays Jewish People celebrate to help them remember the importance of G_d in their lives. We see the animals, the oceans, the rivers, the mountains, the rain, sun, the planets, the stars, and the people and wonder how did all these wonderful things come into being. Jews believe the force we call G_d created the entire universe and everything in it. Jews feel G_d is all seeing and knowing and although we can’t see Him, He is everywhere and in everyone.We understand...
Passover for Americans
Posted on February 19, 2026 by Barry Zalma
Read the full article at https://www.linkedin.com/pulse/passover-americans-barry-zalma-esq-cfe-5vgkc.
“The Passover Seder For Americans”
For more than 3,000 years Jewish fathers have told the story of the Exodus of the enslaved Jews from Egypt. Telling the story has been required of all Jewish fathers. Americans, who have lived in North America for more than 300 years have become Americans and many have lostthe ability to read, write and understand the Hebrew language in which the story of Passover was first told in the Torah.
Passover is one of the many holidays Jewish People celebrate to help them remember the importance of G_d in their lives. We see the animals, the oceans, the rivers, the mountains, the rain, sun, the planets, the stars, and the people and ...
You Get What You Pay For – Less Coverage Means Lower Premium
Post number 5275
Posted on January 30, 2026 by Barry Zalma
See the video at and at
When Experts for Both Sides Agree That Two Causes Concur to Cause a Wall to Collapse Exclusion Applies
In Lido Hospitality, Inc. v. AIX Specialty Insurance Company, No. 1-24-1465, 2026 IL App (1st) 241465-U, Court of Appeals of Illinois (January 27, 2026) resolved the effect of an anti-concurrent cause exclusion to a loss with more than one cause.
Facts and Background
Lido Hospitality, Inc. operates the Lido Motel in Franklin Park, Illinois. In November 2020, a windstorm caused one of the motel’s brick veneer walls to collapse. At the time, Lido was insured under a policy issued by AIX Specialty Insurance Company which provided coverage for windstorm damage. However, the policy contained an exclusion for any loss or damage directly or indirectly resulting from ...
