Brown v. Southern Farm Bureau Casualty Insurance

The writer must respectfully dissent.

With great respect for the trial court and the majority, our dismissal of the claims of all the passengers is not a permissible judicial resolution of the issues before us. The accident happened through the fault of at least one of the drivers; both drivers are impleaded; all possible witnesses are called to testify. Nevertheless, we say, we cannot determine which witnesses are testifying truthfully; so we dismiss both suits.

It is as if, faced with a difficult question of law, we refuse to adjudicate the rights of the parties because we cannot make up our…