Supreme Court of Arkansas

Michelle M. Smith, Appellant v. Kartika Hopper, Appellee

May 14, 20152015 Ark. LEXIS 327

Summary

The court affirmed an order granting a new trial after determining that the plaintiff's counsel made unsupported and prejudicial assertions during closing argument about a police officer's alleged reprimand. The court held that the defendant's failure to object contemporaneously did not bar a new-trial motion because the circuit court independently recognized the misconduct and addressed it during trial. The court further held that granting a new trial was not a manifest abuse of discretion. Justice Baker, dissenting, would have reversed because the defendant failed to object and accepted the limiting instruction offered by the circuit court.