Cite as 2016 Ark. 157
SUPREME COURT OF ARKANSAS
No. CV-15-677
CORINA MENDOZA PETITIONER V. WIS INTERNATIONAL, INC., ANTHONY ADAMS, AND WASHINGTON INVENTORY SERVICES, INC.RESPONDENTS
|
Opinion Delivered: April 14, 2016
CERTIFIED QUESTION FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS, WESTERN DIVISION HONORABLE JAMES M. MOODY, JR. CERTIFIED QUESTION ANSWERED. |
PAUL E. DANIELSON, Associate Justice
This case involves a question of law certified to this court by the United States District Court for the Eastern District of Arkansas in accordance with Arkansas Supreme Court Rule 6-8 and accepted by this court on September 17, 2015. See Mendoza v. WIS Int'l, Inc., 2015 Ark. 321.
The certified question is:
Under the facts of this case, does Arkansas Code Annotated section 27-37-703, which restricts the admissibility of seat belt-nonuse evidence in civil actions, violate the separation-of-powers doctrine found in article IV, section 2, of the Arkansas Constitution?
We conclude that the answer is yes. Arkansas Code Annotated section 27-37-703 is unconstitutional.