Petitioner Jimmy W. Grimmett, a state policeman, while patrolling the highways and while on regular duty as an Arkansas State Trooper, made a left turn in front of one of Home Insurance Company’s insureds causing damages in the amount of $996.67. When Home Insurance Company brought suit to recover the $996.67, petitioner moved to dismiss the action on the basis that it constituted an action against the State of Arkansas which was prohibited by Art. 5 § 20 of the Constitution of Arkansas and that the jurisdiction of such claims was exclusively with the Arkansas Claims Commission. After the trial court overruled petitioner’s motion to dismiss, he filed his petition here for a writ of prohibition raising the same issues.
Article V § 20 upon which petitioner relies provides:
“The State of Arkansas shall never be made defendant in any of her courts.”
We pointed out in Kelly v. Wood, Circuit Judge, 265 Ark. 337, 578 S.W. 2d 566 (1979), that an automobile negligence action for personal injuries brought against a state trooper for a violation of duty imposed upon him by law in common with all other people using the highways does not amount to an action against the State within the prohibition of Arkansas Constitution Art. V § 20supra. The same principle has been recognized by most of the authorities. See Belknap v. Schild, 161 U.S. 10, 16 S. Ct. 443, 40 L. ed. 599 (1896), where it is stated:
“But the exemption of the United States from judicial process does not protect their officers and agents, civil or military, in the time of peace, from being personally liable to an action of tort by a private person whose rights of property they have wrongfully invaded or injured, even by authority of the United States.”
Petitioner readily recognizes our decision in Kelly v. Wood, Judge, supra, but points out that other states with a provision similar to Art. V § 20, supra, have upheld tort-claim acts such as the Arkansas Claims Commission Act, Ark. Stat. Ann. § 13-1401 et seq. (Repl. 1968), and have construed such acts as giving exclusive jurisdiction of all personal injury actions against state employees to such commissions or adjudicatory agencies. In making this contention, the petitioner fails to take into consideration other provisions of the Arkansas Constitution such as Art. 2 § 7 and Art. 2 § 13.
Article 2 § 7 provides:
“The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy; ...”
Article 2 § 13 provides:
“Every person is entitled to a certain remedy in the laws for all injuries or wrongs he may receive in his person, property or character; he ought to obtain justice freely, and without purchase, completely, and. without denial, promptly and without delay, conformably to the laws.”
In St. L., I.M. & S. Ry. v. Williams, 49 Ark. 492, 5 S.W. 883 (1887), based upon the foregoing constitutional provisions, we said:
“Every one is entitled, under the Constitution, to have his rights enforced, his wrongs redressed, and his liabilities determined in the courts, whenever it becomes necessary to compel their enforcement, redress or adjustment, and, when he is liable for damages, as the appellant is in this case, to have the damages he shall pay assessed by a jury. The Legislature has no power to substitute boards of arbitration for the courts, without the consent of parties, and make their awards obligatory and the exercise of the right to seek the aid of the courts to obtain relief from a wrong, or impose upon any one a penalty for exercising such right. To make the action of such a board obligatory or impose such a penalty would be a denial of the right, or a purchase of justice, and a violation of the Constitution.”
The foregoing construction given to Art. 2 § 7 and Art. 2 § 13 made it necessary for the people of this State to amend the Constitution [Amendment #26] before a valid Workmen’s Compensation law could be enacted. Such provisions would also prevent the General Assembly from giving the Claims Commission exclusive jurisdiction of tort claims against state employees or officers for their unlawful acts.
Writ denied.
Harris ,. C. J., not participating. Fogleman and Hickman, JJ., dissent.