Jonesboro, AR – JonesboroRightNow.com – The Arkansas Court of Appeals has ruled that a Jonesboro police officer cannot be held personally liable beyond a $50,000 insurance limit in a lawsuit stemming from a 2017 crash that seriously injured three people.
In a decision released Wednesday, the court reversed a Craighead County Circuit Court ruling that allowed claims against Officer Michael Talley to proceed beyond the statutory limit.
The case stems from a May 3, 2017, crash at the intersection of Flint Street and West Huntington Avenue. Court records say Talley was driving a Jonesboro Police Department patrol car when it collided with a vehicle driven by Carolyn Johnson. Michael Johnson and Hailey Johnson (now Boyd) were passengers.
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The Johnson family sued Talley and the City of Jonesboro, alleging negligence and later claiming Talley was distracted by his phone and driving too fast for conditions when he ran a stop sign.
Talley and the city admitted liability for negligence but asked the court to limit damages to $50,000, the amount of liability insurance required for municipal vehicles under Arkansas law.
The Court of Appeals agreed, ruling that the plaintiffs’ allegations described reckless or negligent conduct, not intentional acts, which means Talley is protected by municipal tort immunity. Because Talley was on duty and driving a patrol car at the time, the court said the city and officer’s combined liability is capped at $50,000.
The appellate court reversed the lower court’s decision and ordered the claims against Talley dismissed beyond the statutory limit.
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