Justia Arkansas Supreme Court Opinion Summaries

The Supreme Court reversed the order of the circuit court dismissing Plaintiffs' illegal exaction suit that sought to enjoin the expenditure of highway funds collected pursuant to Amendment 91 of the Arkansas Constitution for two highway projects, holding that the circuit court erred in finding that Amendment 91 funds were legally designated for the projects.The two projects at issue were intended to improve portions of Interstate 30 and Interstate 630 in Little Rock by widening portions of the interstate highways from six lanes to eight or more lanes. The Arkansas Department of Transportation selected the projects to be funded by Amendment 91 money. Plaintiffs, Arkansas citizens and taxpayers, filed an illegal exaction lawsuit praying to enjoin the expenditure of funds for the projects, arguing that the projects were not "four-lane highway improvements," as required by Amendment 91. The circuit court found that the projects were covered by Amendment 91. The Supreme Court reversed, holding (1) the repeated reference to "four-lane highways" and the lack of a specific reference to six-lane interstate highways means the Amendment 91 funds cannot be used for six-lane interstate highways; and (2) therefore, the circuit court erred in dismissing the illegal exaction suit. View "Buonauito v. Gibson" on Justia Law

This case stemmed from an accident involving an automobile and a tractor-trailer. Appellants, the driver of the automobile and his wife, filed suit against Appellees, the driver of the truck, the individual who leased the truck, and the owner of the truck, alleging negligence and requesting punitive damages for alleged violations of the Federal Motor Carrier Safety Regulations (FMCSR). Before trial, the circuit court entered an order excluding evidence of Appellees' failure to conduct a post-accident drug-and-alcohol testing. Appellees also asked to bifurcate the proceedings to exclude from the compensatory-damages phase of the trial evidence that was relevant only to punitive damages, but the circuit court did not address the motion. At the conclusion of Appellants' case, the circuit court granted Appellees' motion for directed verdict with regard to punitive damages. The Supreme Court affirmed, holding (1) the circuit court did not abuse its discretion in excluding evidence that Appellees failed to comply with the post-accident-testing requirements of the FMCSR; and (2) Appellants' second argument that the circuit court erred in granting Appellees' motion for directed verdict on punitive damages, which was premised on bifurcation, was not appropriate, as an opinion the Court could offer would only be advisory. View "Brumley v. Keech" on Justia Law