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SKALA v. COMFORT SYSTEMS USA, INC.

No. CV-23-234.

2024 Ark. App. 600

REBECCA SKALA, AS SPECIAL ADMINISTRATOR OF THE ESTATE OF SIR CHRISTOPHER EARNEST WALKER SKALA, DECEASED, AND GUARDIAN OF THE ESTATE OF XAVIOR ROBERT DAWSON SKALA, A MINOR; AND JAMES GARDNER, AS SPECIAL ADMINISTRATOR OF THE ESTATE OF TAMMY GARDNER, DECEASED, Appellants, v. COMFORT SYSTEMS USA, INC.; AND COMFORT SYSTEMS USA (ARKANSAS), INC, Appellees.

Court of Appeals of Arkansas, Divisions I & II.

Opinion Delivered December 4, 2024.

Attorney(s) appearing for the Case

Denton & Zachary, PLLC by: Joe Denton, Justin C. Zachary, and Andrew Norwood; and Murphy, Thompson, Arnold & Skinner by: J.T. Skinner and Bill Arnold, for appellants.

Watts, Donovan, Tilley & Carson, P.A. by: David M. Donovan and Staci Dumas Carson, for appellees.

In their petition for rehearing and in a complete reversal from their argument in their original brief, the appellees now argue that the Arkansas Supreme Court has, in fact, adopted the going-and-coming rule in respondeat superior cases. The petition for rehearing is denied because we affirm our prior holding.

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