City of Fort Smith v. Driggers

David Newbern, Justice.

The appellants, the City of Fort Smith and its civil service commission, hereafter referred to collectively as “the city,” contend it was error to hold as a matter of law that the appellee, Chris Driggers, was entitled to promotion to the rank of captain in the Fort Smith Fire Department in 1983. We hold that because there was a remaining material issue of fact it was inappropriate for the trial court to grant a summary judgment in favor of Driggers, and thus the judgment is reversed and the case remanded.

It is undisputed that in 1983, Chris Driggers made the highest…