¶1concurring. I agree with agree with the majority’s conclusion that the prejudicial effect of introducing evidence of seat-belt nonuse in this negligence action far outweighed its probative value under the Rule 403 balancing test. However, I believe our holding in this case deserves a brief caveat. In this appeal we were not asked to address, nor do we address, the separation-of-powers doctrine as it may apply to the General Assembly’s authority to enact Ark. Code Ann. § 27-37-703 (1997 Supp.), which restricts the admissibility of seat-belt-nonuse evidence in civil actions. That issue remains for another day.
336 Ark. 447
Grummer v. Cummings
Decided February 25, 1999
Supreme Court of Arkansas · decided 1999-02-25
Applies AR 27 § 27-37-703
Good law ✅— No negative treatment on recordhow we know
Decided 1999-02-25
How this case has been cited
Cited by 13 later decisions — most recently February 2022
13 state decisions
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