Meador v. Total Compliance Consultants, Inc.

2013 Ark. 22, 425 S.W.3d 718, 2013 Ark. LEXIS 37
CourtSupreme Court of Arkansas
DecidedJanuary 31, 2013
DocketNo. 12-408
StatusPublished
Cited by16 cases

This text of 2013 Ark. 22 (Meador v. Total Compliance Consultants, 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
Meador v. Total Compliance Consultants, Inc., 2013 Ark. 22, 425 S.W.3d 718, 2013 Ark. LEXIS 37 (Ark. 2013).

Opinion

DONALD L. CORBIN, Justice.

|,Appellant, James K. Meador, appeals the judgment of the Benton County Circuit Court dismissing with prejudice his complaint. The judgment was entered pursuant to jury verdicts and interrogatories finding that Meador, who suffered injury to his arm and hand, including the severing of fingers, was a third-party beneficiary of the contract between Appellee Total Compliance Consultants, Inc. (TCC), and Gates Rubber Company, but that TCC was not negligent and did not breach its contract. On appeal, Meador contends that the circuit court either erred as a matter of law or abused its discretion in allowing TCC to argue and insinuate the fault of Gates Rubber Company, a nonparty. Also on appeal, Meador contends that, as applied to him, the Comparative Fault Statute, Ark.Code Ann. § 16-64-122 (Repl. 2005), violates the Arkansas Constitution. Jurisdiction of this appeal is properly in this court as interpretation or construction of the Arkansas Constitution is at issue. Ark. Sup.Ct. |;>.R. 1 — 2(a)(1) (2012), Meador has not demonstrated that error occurred below, and we affirm the judgment.

According to the facts as alleged in the fourth amended and substituted complaint, Meador was employed by a staffing company and had been-contracted to work at Gates Rubber Company when his right hand was caught under the cutting blade of a profiling machine. Meador’s fingers were severed from his dominant hand and he suffered further injury to his arm and shoulder as he tried to pull his hand free. The core of Meador’s case at trial was that TCC had contracted with Gates Rubber Company to consult on safety-compliance issues and that TCC either breached its contract or was negligent in failing .to (1) require a safety -guard for the machine that severed his fingers, (2) otherwise make the machine compliant with -safety standards, or (3) have the machine taken out of service. TCC’s defense at trial was that it was not responsible for Meador’s injuries and that it owed him no duty. According to TCC, the terms of the contract provided that TCC would make recommendations for Safety compliance at Gates Rubber Company, but that TCC had no control over whether Gates Rubber Company implemented its recommendations.

As noted, the jury returned its verdict, finding on interrogatories that Meador was a third-party beneficiary of the contract between TCC and Gates Rubber Company, but that TCC was not negligent and did not breach its contract. The circuit court entered a judgment reciting the jury’s verdict on interrogatories and ordering that “the Complaint and all subsequent and amended Complaints including but not limited to the Fourth Amended and Substituted Complaint be dismissed with prejudice.” This appeal followed.

|sAs his first point on appeal, Mea-dor contends that the circuit court erred as a matter of law in allowing TCC to introduce evidence and present argument that created a nonparty or phantom defendant, specifically Gates Rubber Company. Mea-dor asserts that this practice, sometimes referred to as the empty-chair defense, should be prohibited following this court’s holding in Johnson v. Rockwell Automation, Inc., 2009 Ark. 241, 308 S.W.3d 135, that the portion of the Civil Justice Reform Act permitting a jury to apportion fault to a nonparty, specifically Ark.Code Ann. § 16-55-202 (Repl.2005), was unconstitutional in violation of the separation-of-powers doctrine. According to Meador, the circuit court’s action in allowing the argument and insinuation of a nonparty’s fault infringed upon his procedural due-process rights under article 2, section 8 of the Arkansas Constitution and limited his right to a complete redress of wrongs under article 2, section 13 of the Arkansas Constitution. TCC responds that Mea-dor’s constitutional challenge to the empty-chair defense is not preserved for appellate review because Meador either did not raise the constitutional aspect of the argument prior to judgment or failed to obtain a ruling from the circuit court as to the constitutionality. In reply, Meador refers us to his motion in limine, and contends that the arguments he raised therein placed this argument in a constitutional posture. We conclude, as explained below, that although Meador did indeed file a motion in limine challenging the admission of evidence or argument of nonparty fault, the circuit court’s ruling did not address the specific constitutional arguments now being raised on appeal.

Meador’s motion was titled “Plaintiffs Motion in Limine to Prohibit Evidence or Argument Declaring or Insinuating Fault or Negligence on the Part of Nonparties.” Meador |4argued in the motion, as he does on appeal, that after Johnson v. Rockwell, TCC should not be permitted to create a phantom defendant and put on evidence to determine the fault of the phantom defendant as a nonparty. Meador argued further in the motion that any argument or conjecture suggesting comparative fault or negligence of a nonparty is totally irrelevant for purposes of TCC’s fault and liability and highly prejudicial to Meador’s right to a full recovery.

Meador and TCC discussed this motion with the circuit court at a hearing held the week before trial. Meador again cited the circuit court to Johnson v. Rockwell and argued that if Gates Rubber Company was not a party and could not appear on a verdict form to apportion fault, then TCC should not be allowed to present evidence or make argument throughout trial insinuating that Gates Rubber Company was at fault. The circuit court stated it would make a decision on the morning of trial. The subject of the empty-chair defense came up just prior to opening statements, but there was no discussion of the due-process or redress-of-wrongs arguments that Meador’s now argues on appeal, and the circuit court ruled as follows:

I think it’s appropriate to allow the Defendants to ... because of the role that they claim with Gates, specifically, argue that their role was to advise and not to implement, that that was left up to Gates. To that extent, the empty chair can be argued. Certainly, there can’t be any indication that Gates can somehow be required to pay anything.

It is clear then that, although the circuit court limited the extent to which TCC could argue the empty-chair defense, the ruling in no way encompassed the due-process and redress-of-wrongs constitutional arguments Meador now raises on appeal. The failure to 15obtain a ruling on an issue, even a constitutional one, precludes our review on appeal. See Gwin v. Daniels, 357 Ark. 623, 184 S.W.3d 28 (2004) (explaining that failure to obtain a ruling precludes review of an issue because, under appellate jurisdiction, this court is limited to reviewing a ruling or order of a lower court). When a circuit court does not provide a ruling on an issue, it is an appellant’s responsibility to obtain a ruling to preserve the issue for appeal. Neal v. Sparks Reg’l Med. Ctr., 2012 Ark. 328, 422 S.W.3d 116. Because Meador did not obtain a specific ruling on the constitutional aspect of this argument as presented on appeal, we are precluded from addressing the merits of Meador’s constitutional challenge on appeal. See id.; Gwin, 357 Ark. 623, 184 S.W.3d 28.

As his second point for reversal, Meador contends that if it was not an error of law to allow the empty-chair defense, it was certainly an abuse of discretion.

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Bluebook (online)
2013 Ark. 22, 425 S.W.3d 718, 2013 Ark. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meador-v-total-compliance-consultants-inc-ark-2013.