430 S.W.3d 667
Ark.2013Background
- A federal district court (W.D. Ark., Hot Springs, Judge Susan O. Hickey) certified a question to the Arkansas Supreme Court arising from wrongful-death litigation against the United States and individual defendants.
- The certified question: whether “malicious” in Ark. Code Ann. § 18-11-307(1) includes conduct in reckless disregard of consequences from which malice may be inferred.
- The certifying court stated there is no controlling Arkansas Supreme Court precedent resolving that statutory interpretation.
- The Arkansas Supreme Court accepted certification, noting Carr v. Nance raised the issue but was not decided on that point.
- The Court set a briefing schedule and limited brief content, allowed possible oral argument, and required an addendum including key pleadings (complaint, summary-judgment motion, briefs, etc.).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether “malicious” under Ark. Code Ann. § 18-11-307(1) includes reckless-disregard conduct from which malice may be inferred | "Malicious" encompasses reckless conduct when the actor consciously disregards known risks so malice can be inferred | "Malicious" requires actual intent or a higher mental state than mere recklessness; reckless disregard is insufficient | Court accepted the certified question for decision but did not resolve the substantive issue; set briefing schedule and procedures |
Key Cases Cited
- Carr v. Nance, 370 S.W.3d 826 (Ark. 2010) (Arkansas Supreme Court noted the malice interpretation issue but declined to decide it because the jury wasn’t instructed on malice and returned a general verdict)