Legal Opinion · Concurrence

Morgan v. Clinton State Bank

Court of Appeals of Arkansas

Decided June 28, 1995No. CA 94-429Published

1ConcurrenceMelvin Mayfield, Judge

I concur in the affir-mance of the trial court’s dismissal of appellant’s complaint for recovery of lost wages. However, I do not agree with the reasoning of that opinion. Actually, I think both the majority and dissenting opinions are based upon incorrect assumptions of the law. The law does not need to be changed — only properly applied.

The appellant in this case argues that the trial court erred in dismissing his claim. He says that an employee who brings an action for damages under a contract of employment and collects through the date of trial is not barred from bringing another action,…

2Cases cited6 opinions

  1. Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
  2. Van Winkle v. SatterfieldSupreme Court of Arkansas · 1894
  3. Lisenby v. Farm Bureau Mutual Insurance Co. of Arkansas, Inc.Supreme Court of Arkansas · 1968
  4. Jim Orr and Associates, Inc. v. WatersSupreme Court of Arkansas · 1989
  5. Hemingway v. Grayling Lumber Co.Supreme Court of Arkansas · 1916

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