Smith v. Raone

David Newbern, Justice.

This is a wrongful death case, thus our jurisdiction arises under Arkansas Supreme Court and Court of Appeals Rule 29(1 )(o).

The question is whether the determination of an issue in a previously decided insurance coverage case involving these parties is preclusive of an issue in this wrongful death action. The trial judge held there was no such preclusion, and we affirm.

Dudley Roane shot and killed Hershel Smith. Smith’s estate filed this wrongful death claim against Roane. Thereafter, Roane’s insurer, Fireman’s Insurance Company, sought a declaratory judgment against…