Cite as 2017 Ark. 100
SUPREME COURT OF ARKANSAS
No. CV-16-234
Opinion Delivered: March 16, 2017
TRUMAN ARNOLD COMPANIES
PETITIONER PETITION FOR WRIT OF
PROHIBITION FROM THE
V. MILLER COUNTY CIRCUIT
COURT
MILLER COUNTY CIRCUIT COURT [NO. 46CV-15-41]
RESPONDENT
HONORABLE CARLTON D.
JONES, JUDGE
PETITION FOR WRIT OF
PROHIBITION GRANTED.
SHAWN A. WOMACK, Associate Justice
Petitioner Truman Arnold Companies (“TAC”) petitions this court for a writ of
prohibition to preclude the Miller County Circuit Court from continuing to exercise
jurisdiction over Patricia Adams’s claims against TAC for negligent supervision, retention,
and hiring of a store manager. For the reasons set forth in Truman Arnold Cos. v. Miller
County Circuit Court, 2017 Ark. ___, delivered this same day, we grant the writ of
prohibition.
Adams’s complaint alleged that she was a victim of sexual assault and harassment
while employed by TAC in 2011 and that she was exposed to this harm as a result of TAC’s
negligence. TAC moved to dismiss the complaint, arguing that pursuant to Arkansas Code
Annotated section 11-9-105 (Repl. 2012), Adams’s sole remedy is through the Workers’
Compensation Act and that the Arkansas Workers’ Compensation Commission
Cite as 2017 Ark. 100
(“Commission”) has the exclusive jurisdiction to determine the applicability of the Workers’
Compensation Act. The circuit court considered Adams’s motion to dismiss alongside an
identical motion in the case of another former TAC employee, Teresa Jones, who also sued
TAC for negligent supervision, retention, and hiring based on similar misconduct of the
same store manager.
On February 18, 2016, the circuit court denied TAC’s motion to dismiss in both
cases, ruling that the allegations fell outside the Commission’s jurisdiction. The circuit court
ruled that Adams’s alleged injuries arose “from more of a mental anguish type of injury than
from a physical impact injury” and that the complaint did not contain enough to
demonstrate that a “crime of violence” had occurred in the case. Therefore, the circuit
court determined that the injuries were not compensable under the Arkansas Workers’
Compensation Act, which only compensates mental injuries in limited circumstances. See
Ark. Code Ann. § 11-9-113 (Repl. 2012).
On March 18, 2016, TAC petitioned this court for a writ of prohibition. We took
the petition as a case and ordered the parties to brief the issues.
We agree with TAC that the writ of prohibition is warranted for the reasons stated
in Truman Arnold Cos. v. Miller County Circuit Court, 2017 Ark. __, handed down this same
date.
Petition for writ of prohibition granted.
Wyly~Rommel, PLLC, by: Sean F. Rommel, for petitioner.
Leslie Rutledge, Att’y Gen., by: Michael A. Cantrell, Ass’t Att’y Gen., for respondents.
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