Theresa Roeder, as the Administratrix of the Estate of Esther Kay Roeder, Deceased, and on Behalf of the Wrongful…

Summary

The court held that “malicious” conduct under Arkansas’s Recreational Use Statute includes conduct undertaken in reckless disregard of the consequences from which malice may be inferred, rather than being limited to an intent or desire to harm. It reached that conclusion because the statutory phrase must be read as a whole, the phrase excluding “mere negligent” conduct clarifies the required degree of culpability, and the immunity statute must be strictly construed. The court answered the certified question in the affirmative.