Supreme Court of Arkansas

Deborah Nowicki

December 5, 20132013 Ark. LEXIS 593

Summary

The dissent would reverse the grant of summary judgment because the professional-rescuers doctrine should not bar a highway HELP worker's negligence claim. It reasons that the purpose of a HELP worker's occupation is to assist motorists and clear roadways, not to confront imminent danger in the manner of a firefighter. The dissent does not challenge retaining the doctrine itself, but would limit its application to the facts presented. Justice Hannah joined the dissent.