Supreme Court of Arkansas

Chandler v. Wal-Mart Stores Inc..dissent

March 16, 20172017 Ark. 103

Summary

Justice Hart dissented from the denial of review, arguing that the lower courts improperly affirmed summary judgment despite disputed facts concerning whether a hair serum ignited when used with a heated comb. She maintained that the competing expert testimony and alternative explanations presented credibility issues for a jury, not grounds for resolving the case as a matter of law. The dissent contends that the lower courts effectively usurped the appellants’ constitutional right to a jury trial.