Hernandez v. Wal-Mart Associates, Inc.

U write separately not merely to refute the opinions of the dissenting judges, but also to. state my disappointment and frustration with the majority’s refusal to enunciate a clear standard to be used in determining whether evidence presented to the Commission has been “arbitrarily disregarded.” The doctrine relating to arbitrary disregard of evidence began in Arkansas in the context of railroad cases, where juries engaged in speculation to find negligence in the face of uncontradicted eyewitness testimony by railroad employees describing the circumstances of the accident. The Arkansas…