Supreme Court of Arkansas
City of Little Rock, Arkansas; Stuart Thomas
February 9, 20172017 Ark. LEXIS 24
Summary
The court held that the City and its employees were not entitled to summary judgment based on statutory immunity because they failed to plead and prove the absence of liability insurance after the operative amended pleadings superseded earlier pleadings. It held that the circuit court should have granted MEMS statutory immunity beyond the limits of the undisputed insurance coverage shown in the record, and therefore reversed and remanded in part. Justice Wood, joined by Justice Womack, would have affirmed the denial of summary judgment as to MEMS because MEMS did not itself present insurance evidence in support of its orally adopted motion.