Page:Mendoza v. WIS International, Inc.pdf/11

 seat passenger." Turning to the facts of this case, the certification order states that "[Mendoza] was a passenger in the backseat of a vehicle operated by Defendant Anthony Adams when Adams fell asleep at the wheel and ran into the back of a parked excavator." (Emphasis added.) Accordingly, because Mendoza was neither a driver nor a front-seat passenger, Subchapter 7 is inapplicable under the facts of this case. It is well settled that this court does not render advisory opinions or answer academic questions. Wilson v. Pulaski Ass'n of Classroom Teachers, 330 Ark. 298, 954 S.W.2d 221 (1997). Thus, because Subchapter 7 is inapplicable, the majority errs in its consideration of the constitutionality of Ark. Code Ann. section 27-37-703.

Therefore, under the facts in this case, I would answer the certified question in the negative and must respectfully dissent from the majority's consideration of a statutory provision that is clearly inapplicable to the facts of this case. 

J L H, Justice, dissenting. This court accepted a very specific certified question from the United States District Court for the Eastern District of Arkansas. The very first clause in the certified question expressly limits the inquiry to the "facts of this case." There is no dispute that Ms. Mendoza, at the time of the accident, was asleep in the back seat of the vehicle being driven by Anthony Adams. Likewise, in clear language, the Arkansas Mandatory Seat Belt Use Law requires only the occupants of the front seat of a vehicle to wear seat belts. Because Arkansas Code Annotated section 27-37-703 applies only to the driver and the front seat passengers, it is inapplicable to the factual situation that confronted the district court. Accordingly, the majority's opinion regarding the provision of