UPDATE, Sept. 10: The defendant has appealed Judge Story’s ruling setting a trial in the case, according to a court document. This will delay the legal proceedings until the appellate court can decide if the judge’s order stands.
The Circuit Court erred in denying immunity from this suit and damages, including qualified immunity and statutory immunity pursuant to Ark. Code Ann. § 21-9-301 and Ark. Code Ann. § 21-9-303, to Defendant Michael Talley.
“Adding further insult to injury, the City has decided to appeal Judge Story’s order, thereby delaying the trial,” said Luther Sutter, lawyer for the Johnson family. “While current law allows this, the people should demand this law be changed.”
NEA Report will continue to update this story as it develops.
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JONESBORO, Ark. — A jury trial was scheduled for the family suing the Jonesboro Police Department officer that crashed into them in 2017, leaving three people with major injuries, one of whom was left crippled.
Trial dates were originally set for Monday, Sept. 23, 2024, through Wednesday, Sept. 25, 2024, at the Craighead County Courthouse for Carolyn Johnson, Haley Johnson (Boyd), et al. vs. Michael Talley, the City of Jonesboro, and the Arkansas Municipal League, case 16JCV-19-426. The trial would have determined if JPD Officer Talley’s actions were outside of the scope of his employment, which would allow the plaintiffs to recover from Talley, personally.
This comes after the court denied a motion to dismiss by Talley. In the motion, the defendant’s legal team cited tort immunity, failure to state facts upon which relief can be granted, and other defenses. In the order filed on Sept. 8, 2024, Special Judge Bentley Story wrote that the plaintiffs have alleged certain acts on the part of Talley which they assert go beyond his immunity as an agent of Jonesboro. The judge said it would be up to a jury to determine if his conduct was intentional or rises to the level of intentional tort.
Motion to Dismiss
Response to Motion to Dismiss
Order on Motions
In May 2017, a serious traffic accident occurred at the intersection of Flint Street and West Huntington Avenue in Jonesboro, involving Patrolman Michael Talley, who is now part-time with the Jonesboro Police Department, and a 1998 Toyota RAV4. According to the lawsuit, the officer was on his cell phone, speeding, not in “hot pursuit,” and not wearing a seat belt. He failed to stop at a stop sign, resulting in a collision between his patrol unit and the vehicle containing Haley and her family.
The impact caused extensive damage to both vehicles and nearby property, including a fire hydrant propelled through a business’s front door. The crash inflicted severe injuries to the occupants of the RAV4, with Carolyn Johnson, Haley’s grandmother, suffering a broken wrist and cracked ribs, Michael Johnson sustaining a fractured ankle, and Haley experiencing a spinal fracture that led to paralysis. Two years later, Haley had lost all use of her legs and experienced muscle atrophy, severely limiting her mobility and independence. She has been confined to a wheelchair since 2017.
The lawsuit alleges Talley’s negligent acts caused the wreck. Most of these claims are backed up by the disciplinary report we obtained on May 21, 2019.
“You failed to stop your vehicle and entered the intersection and were struck by another vehicle which had the right of way, causing extensive damage to both vehicles and other property,” said the report approved by Capt. Kelly Baggett.
The report goes on to say the wreck was due to Talley’s “negligent driving and disregard for conditions.” For this, Talley was reprimanded with a two-day suspension.
Carolyn Johnson, 66, suffered a broken wrist and three cracked or fractured ribs. Michael Johnson, who was a juvenile at the time, suffered a fractured ankle. The third occupant, Haley Johnson (now Boyd), 21, had her spine fractured by the wreck. Johnson has lost all use of her legs. Muscle atrophy has set in. She can barely use her arms. She can barely even stay seated in a wheel chair.
NEA Report will continue to follow this story and provide updates.
Read our previous stories here:
Woman Crippled by Speeding Officer Clings to Hope as Lawsuit Continues
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Good news. This definitely should not be swept under the rug as the city is trying to do. Their attempts to evade responsibility for an innocent person whose life has been destroyed by yet another of their low-quality employees are a disgrace. What does Mayor Copenhaver have to say? Will the people of Jonesboro vote for a mayor who countenances such behavior?
This is ridiculous! The plaintiffs were all injured and one is now confined to a wheelchair! It’s been 7 years and the plaintiffs should have been compensated 10 times over by now! I don’t care that Officer Talley is a police officer, he was wrong on all counts! First, he should have never been driving the police cruiser when he was not on duty and he had the audacity to be speeding and on his cell! Justice needs to be served because he was in the wrong and RIGHT IS RIGHT! I hope the jury throws the BOOK at him! The plaintiffs have suffered for 7 years! SMH!
The people of Jonesboro should be ashamed of their city government. If they elect them – city council and mayor – again they should be ashamed of themselves.