Gibson v. Gunsch

I respectfully dissent. The majority holds that Rule 404, Arizona Rules of Evidence, operates to exclude circumstantial use of character evidence in all civil cases, *419adopting the opinion of Division Two of this Court in Blankinship v. Duarte, 137 Ariz. 217, 669 P.2d 994 (App.1983).

I have previously concurred in an opinion which adopted the Blankinship rationale. Bell v. State, 143 Ariz. 305, 693 P.2d 960 (App.1984). I am now convinced that Blankinship was incorrectly decided and that my concurrence in Bell, on that particular point, was mistaken.

Rule 404(a)(2), Arizona Rules of Evidence,…