Honeysuckle v. Curtis H. Stout, Inc.

2010 Ark. 328, 368 S.W.3d 64, 2010 Ark. LEXIS 423
CourtSupreme Court of Arkansas
DecidedSeptember 16, 2010
DocketNo. 09-1222
StatusPublished
Cited by20 cases

This text of 2010 Ark. 328 (Honeysuckle v. Curtis H. Stout, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Honeysuckle v. Curtis H. Stout, Inc., 2010 Ark. 328, 368 S.W.3d 64, 2010 Ark. LEXIS 423 (Ark. 2010).

Opinion

JIM GUNTER, Justice.

liThis is a workers’ compensation case in which the main issue is whether Appellee Michael McCarthy is immune from tort liability pursuant to the exclusive-remedy statute found at Ark.Code Ann. § 11 — 9— 105 (Repl.2002). The Workers’ Compensation Commission determined that McCarthy was protected by the statutory immunity because he was Appellant Carlos Honeysuckle’s employer at the time of the accident that caused his compensable injury. This case was first submitted to the court of appeals, which reversed the decision of the Commission. Appellee Michael McCarthy petitioned this court for review, which we granted. Therefore, our jurisdiction is pursuant to Rule l-2(e) of the Arkansas Supreme Court Rules.

Honeysuckle argues on appeal that the Commission erred in finding McCarthy was immune from third-party tort liability. Honeysuckle presents three points on appeal to support | Jus contention: (1) whether McCarthy was Honeysuckle’s employer within the meaning of the statute at the time of the accident; (2) whether the statute extends immunity to a “principle, officer, director, stockholder” without regard to whether such a person is “acting within the capacity as an employer;” and (3) whether under the statute, a “principle, officer, director, stockholder” is necessarily “acting in the capacity as an employer” by virtue of the accident occurring during the course and scope of such a person’s employment. Although Honeysuckle frames the issue on appeal as three separate points all involving statutory interpretation, the actual issue on appeal is whether the Commission erred in finding — as a matter of fact — that McCarthy was Honeysuckle’s employer at the time of the compensable injury. Because the Commission’s decision is supported by substantial evidence, we affirm.

The parties submitted stipulated facts to the Commission. Those stipulated facts are as follows. Curtis H. Stout, Inc. (“Stout, Inc.”), an Arkansas corporation, sells electrical components to public utilities and private companies. It has places of business in Arkansas, Louisiana, Tennessee, and Mississippi. Stout, Inc., was founded by McCarthy’s grandfather. At all relevant times, McCarthy was an employee of the company, as well as president, a member of the board of directors, and a major stockholder in Stout, Inc. Similarly, at all relevant times, Honeysuckle was an employee of Stout, Inc., in a sales position.

McCarthy was an instrument-rated pilot and duly licensed to fly a Model 114A Aero Commander aircraft, one of which he owned. At times, he used the aircraft as a means of transportation in connection with Stout, Inc., business. Prior to the accident at issue, |sMcCarthy had carried employees of the company on several business trips. Both McCarthy and Honeysuckle were required to travel as part of their employment with Stout, Inc., and the company reimbursed each employee for his expenses related to his travel. When McCarthy used his aircraft in connection with business trips, the company reimbursed him on a cost-of-operation basis.

On December 5, 2002, Honeysuckle and McCarthy traveled from Little Rock, Arkansas, to Addison, Texas, for a business meeting. The two traveled to the Little Rock airport in McCarthy’s car and boarded McCarthy’s aircraft. McCarthy piloted his aircraft, and Honeysuckle was a passenger. Upon arrival in Texas, they were picked up by a business associate of the company and went to the meeting. At the conclusion of the meeting, they returned to the Addison airport where they boarded McCarthy’s aircraft for the return trip to Little Rock. On the return trip, the aircraft experienced a loss of engine power, and McCarthy attempted an emergency landing in Hot Springs, Arkansas. The aircraft crashed in a residential area approximately one mile southwest of the Hot Springs airport. Honeysuckle was fatally injured in the crash, and McCarthy was severely injured.

Claims were filed on behalf of both McCarthy and the Estate of Carlos Honeysuckle for workers’ compensation benefits in connection with the injuries they sustained as a result of the aircraft accident. Both McCarthy and Honeysuckle’s Estate collected workers’ compensation benefits. Thereafter, Janan Honeysuckle, Administratrix of Honeysuckle’s estate, filed a wrongful-death action in Pulaski County Circuit Court against McCarthy, the | manufacturer of the aircraft, and the manufacturers of certain component parts of the aircraft. In his answer, McCarthy pled immunity under the exclusive-remedy provision of Ark.Code Ann. § 11-9-105. He filed a summary-judgment motion with the circuit court asserting lack of subject-matter jurisdiction based on that immunity, which the circuit court denied. McCarthy next filed a Petition for Writ of Prohibition with this court asking that we prohibit the circuit court from proceeding with the wrongful-death cause of action based on lack of subject-matter jurisdiction. This court granted the writ petition, holding that the Commission had exclusive, original jurisdiction to determine whether McCarthy was an employer at the time of the accident, and thus entitled to immunity, pursuant to Ark.Code Ann. § 11-9-105. McCarthy v. Pulaski County Circuit Court, 366 Ark. 316, 235 S.W.3d 497 (2006). The case was remanded to the Commission for such a determination.

In an opinion filed on July 15, 2008, the Commission held that McCarthy was entitled to immunity under the exclusive-remedy statute. Specifically, the Commission found that McCarthy was Honeysuckle’s employer at the time of the accident, which excluded him from third-party liability.1 Alternatively, the Commission found that even if McCarthy was not |aHoneysuckle’s employer at the time of the accident, McCarthy would still be immune from a third-party action because he was a co-employee carrying out the duty to provide a safe workplace at the time of the aeci-dent.2

Our standard of review for appeals from decisions of the Commission is well established:

On appeal, this court views the evidence and all reasonable inferences therefrom in the light most favorable to the Commission’s decision and affirms that decision when it is supported by substantial evidence. It is for the Commission to determine where the preponderance of the evidence lies; upon appellate review, we consider the evidence in the light most favorable to the Commission’s decision and uphold that decision if it is supported by substantial evidence. Substantial evidence is evidence that a reasonable mind might accept as adequate to support a conclusion. There may be substantial evidence to support the Commission’s decision even though we might have reached a different conclusion if we had sat as the trier of fact or heard the case de novo. It is exclusively within the province of the Commission to determine the credibility and the weight to be accorded to each witness’s testimony. We will not reverse the Commission’s decision unless we are convinced that fair-minded persons with the same facts before them could not have reached the conclusions arrived at by the Commission.

Johnson v. Bonds Fertilizer, Inc., 375 Ark. 224, 231, 289 S.W.3d 431, 435 (2008) (quoting Arbaugh v. AG Processing, Inc., 360 Ark. 491, 493-94, 202 S.W.3d 519

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Bluebook (online)
2010 Ark. 328, 368 S.W.3d 64, 2010 Ark. LEXIS 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/honeysuckle-v-curtis-h-stout-inc-ark-2010.