Page:Mendoza v. WIS International, Inc.pdf/1

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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.