Josephine Linker Hart

“ Rule 402 states, "All relevant evidence is admissible, except as otherwise provided by statute or by these rules or by other rules applicable in the courts of this State. Evidence which is not relevant is not admissible." (Emphasis supplied.) The question therefore becomes whether it was this court that violated the separation of powers when we drafted Rule 402 or the legislature when it accepted the rule's plainly stated invitation for the legislature to input substantive law. I submit that neither violates the separation-of-powers clause. ”

“ In my view, the majority is wrong to approve of a class that cannot reasonably be ascertained, and is so broad as to include perhaps thousands of members who have sustained no actual damages and are thus not entitled to pursue a cause of action under the Arkansas Deceptive Trade Practices Act. I am mindful that this cause of action is drrected against the manufacturer of cigarettes, a highly unpopular consumer good. However, this case will stand as precedent for all consumer goods. "Light" is the term that has been demonized today because it is associated with cigarettes. ”

“ I am mindful that the plain language of section 27-37-703 proscribes admitting into evidence a party's nonuse of seat belts in a civil case. I am likewise mindful that the Rockwell court also struck down the medical-costs provision of the Civil Justice Reform Act, which stated as follows:
Any evidence of damages for the costs of any necessary medical care, treatment, or services received shall include only those costs actually paid by or on behalf of the plaintiff or which remain unpaid and for which the plaintiff or any third party shall be legally responsible. ”