Court: Arkansas Supreme Court
Citation: 2021 Ark. 140
Opinion Date: June 17, 2021
Judge: Wynne
Areas of Law: Constitutional Law, Personal Injury
The Supreme Court answered a certified question in the negative and held that Ark. Code Ann. 27-34-106(a) does not violate the separation of powers doctrine under article 4, section 2, and Amendment 80, section 3 of the Arkansas Constitution.
The underlying wrongful death and survival action arose from an accident in which Defendants negligently caused a vehicle collision. A two-year-old girl, who was in the cab of a pickup at the time of the accident and was not restrained in a child safety seat, was killed. Defendants asserted fault on the part of the driver of the pickup truck. Plaintiff then filed a motion for partial summary judgment with respect to a comparative fault and nonparty fault related to child-safety restraint nonuse, arguing that the defense was precluded as a matter of law by section 27-34-106(a). The Supreme Court answered a certified question about the issue, holding that section 27-34-106(a) – a legislative pronouncement that failing to use a child safety seat is not a negligent act and therefore cannot be used to compare the injured plaintiff’s fault to the fault of the defendant – is more substantive than procedure and does not constitute a violation of the separation of powers doctrine.
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