Supreme Court of Arkansas

Estate of Anderson v. Schwarze Indus. Inc.dissent

September 14, 20172017 Ark. 248

Summary

Justice Hart dissented from the denial of review, concluding that the estate had preserved its sufficiency-of-the-evidence challenge by moving for a directed verdict. She would have remanded the case to the court of appeals to consider the merits rather than apply a procedural bar based on counsel's imprecise wording. The dissent characterized the directed-verdict motion as consistent with a products-liability theory that the sweeper was defective because it lacked a low-cost safety feature.