Smith v. Hopper (Majority, with Dissenting)Annotate this Case
Defendant was driving her car when she collided with Plaintiff, a pedestrian, in a crosswalk. Plaintiff sued Defendant for negligence. The jury returned a verdict in Plaintiff’s favor. Defendant filed a motion for a new trial under Ark. R. Civ. P. 59(a)(2), arguing that Plaintiff’s counsel had misrepresented certain facts to the jury during closing argument. The circuit court agreed with Defendant and granted a new trial. The Supreme Court affirmed, holding (1) Defendant did not waive her right to a new trial for defense counsel’s failure to object during closing argument; and (2) the circuit court did not abuse its discretion in granting a new trial.