Brock v. Ward

I would sustain the jury verdict and the judgment of the trial court thereon.

This is one of the anomalies in lawsuits, where a divided appellate court, by a majority of one justice, rules in effect that no reasonable minds could conclude as have the other justices, the trial judge, (in this instance two district judges) and the unanimous verdict of all of the jurors.

Notwithstanding what has just been said, candor compels acknowledging that the issue presented here is not without difficulty, and upon which I concede there is a basis upon which “reasonable minds” may differ. Each of the parties…