Stapleton v. M.D. Limbaugh Construction Co.

Annabelle Clinton Imber, Justice.

The appellant, John Stapleton, Jr., filed a wrongful-death action against the appellee, M.D. Limbaugh Construction Co. The trial court granted summary judgment in favor of Limbaugh Construction because it found that Stapleton’s lawsuit was barred by the exclusive-remedy provision of the Workers’ Compensation Act as amended in 1993. Ark. Code Ann. § 11-9-105 (Repl. 1996). The trial court also held that the amended provision was constitutional. We agree with the first finding, but not with the latter holding. Accordingly, we reverse and remand.

The underlying…