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Craven v. Fulton Sanitation Service4/14/2005
Appellant Lance R. Craven filed a negligence suit in the Sebastian County Circuit Court against Appellees Fulton Sanitation Service, Inc., d/b/a Sun Ray Services, Inc., d/b/a USA Waste of Arkansas, Inc. ("Fulton"), and Kendale Lloyd Toney. The trial court granted summary judgment to Appellees on the ground that an adverse decision from the Workers' Compensation Commission barred Appellant's suit under the doctrine of collateral estoppel. Appellant contends that the trial court's ruling is erroneous because it violates his constitutional right to a trial by jury and his right to bring suit against a third party under Ark. Code Ann. ยง 11-9-410(a)(1)(A) (Repl. 2002). The Arkansas Court of Appeals certified this case to us as presenting an issue of first impression as to whether a judgment by an administrative agency may be given preclusive effect in such cases where the litigant has the right to a jury trial. Our jurisdiction is thus pursuant to Ark. Sup. Ct. R. 1-2(b)(1). We reverse the order of summary judgment and remand for further proceedings in this matter.
The relevant facts are not in dispute, and the parties agree that this appeal presents only questions of law, which this court reviews de novo. See Brown v. Pine Bluff Nursing Home, ___ Ark. ___, ___ S.W.3d ___ (December 2, 2004); Holt v. McCastlain, ___ Ark. ___, ___ S.W.3d ___ (May 20, 2004). Suffice it to say that Appellant was involved in an automobile accident on March 10, 1999, wherein the vehicle he was driving was struck from behind by one of Fulton's trucks that was driven by Toney. Because Appellant was on the job at the time of the accident, he filed a claim against his employer, Cockram Concrete, alleging that he sustained compensable injuries to his neck, upper back, and lower back. His employer accepted the compensability of his neck and upper- back injuries; however, it questioned whether his lower-back injuries had been caused by the accident. The Commission's Administrative Law Judge (ALJ) concluded that Appellant had failed to prove a causal relationship between his lower-back injuries and the automobile accident. The ALJ's decision was affirmed by the Commission. Appellant appealed to the court of appeals; however, he abandoned the appeal when he failed to lodge the record with the appellate court.
Appellant filed the instant suit against Appellees in August 2001, seeking damages for his lower-back injuries. Appellees moved for summary judgment on the ground that the ALJ's determination of the issue of causation precluded Appellant from relitigating it. Appellant argued that giving preclusive effect to the Commission's judgment on the issue of causation would deprive him of his constitutional right to have that factual issue determined by a jury. He also argued that section 11-9- 410(a)(1)(A) specifically provides that the making of a claim for workers' compensation shall not affect the employee's right to maintain an action in court against a third party. The trial court granted summary judgment, and Appellant appealed.
The sole issue on appeal is whether the doctrine of res judicata may be applied to a final judgment of the Workers' Compensation Commission so as to bar the employee's constitutional right to a jury trial against a third-party tortfeasor. The concept of the doctrine of res judicata has two facets: claim preclusion and issue preclusion. See Barclay v. Waters, ___ Ark. ___, ___ S.W.3d ___ (May 20, 2004); Searcy v. Davenport, 352 Ark. 307, 100 S.W.3d 711 (2003); John Cheeseman Trucking, Inc. v. Pinson, 313 Ark. 632, 855 S.W.2d 941 (1993). Claim preclusion forecloses further litigation on a cause of action, while issue preclusion forecloses further litigation in connection with a certain issue.
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