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Greenwell v. Davis11/22/2005
ler County, Arkansas, for liability for the tort claims, id. at 1374, whereas if Texas law applied, each person could recover a maximum of $100,000.00. Id. at 1376. The Fifth Circuit Court reasoned that Miller County would have been at least partially immune from liability if it had been a Texas county. The Court held that, even if the county would not have been completely immune under Texas law, "it could hardly be said that extending immunity would be so at odds with Texas public policy as to be violative of 'good morals, natural justice.'" Id. at 1377. The Lee opinion explained that both Texas and Arkansas continued to recognize some form of sovereign immunity and the fact that there was a different level of immunity was not so at odds with Texas public policy as to be violative of "good morals, natural justice." Id. Further the court in Lee explained the need to extend comity to foster continued cooperation of the counties in different states on civil defense matters. Id. at 1378. We find Lee to be persuasive. Because both Texas and Arkansas have limited waivers of sovereign immunity, recognition of Arkansas sovereign immunity will not violate good morals or natural justice. Even though the amounts of the waivers differ, applying Arkansas' limited waiver of sovereign immunity would not be contrary to Texas public policy. The mere fact that the law of the other state differs from Texas does not render it so contrary to Texas public policy that Texas courts will refuse to enforce it. Gutierrez, 583 S.W.2d at 321; see Robertson, 609 S.W.2d at 537; see also Delhomme Indus., Inc. v. Houston Beechcraft, Inc., 669 F.2d 1049, 1058 (5th Cir. 1982).
One factor that we have considered in determining whether the application of the Arkansas limited waiver of immunity law violates Texas public policy is Texas' requirements for liability insurance coverage. The Legislature has set $20,000.00 as the minimum limit of liability insurance coverage that is required in Texas. See Tex. Transp. Code Ann. ยง 601.072 (Vernon 1999). We recognize this statute does not immunize drivers in Texas from amounts in excess of $20,000.00, but as a practical matter many times the limit of insurance is the limit of recovery. The fact that the public policy in the State of Texas only requires liability insurance in the minimum amount of $20,000.00 buttresses our conclusion that the application of the Arkansas sovereign immunity law is not repugnant to Texas public policy.
In Hall, the United States Supreme Court noted that " t may be wise policy, as a matter of harmonious interstate relations, for States to accord each other immunity or to respect any established limits on liability." 440 U.S. at 426. As previously stated, the comity doctrine is not one of right, but is extended out of deference and respect to maintain harmony and foster cooperation. It cannot be said that the Arkansas statutes violate good morals or natural justice. To fail to extend the Arkansas law on the basis of comity in this instance would not promote cooperation between the police forces and might hamper the forces in their mutual goals. Such a result would be detrimental to the general welfare of the citizens of Texas. Based on principles previously discussed, we conclude the Arkansas statute is not repugnant to the public policy of Texas and should be enforced.
We reverse the judgment of the trial court and remand for further proceedings consistent with this opinion.
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