Collins v. Grabler

DISSENTING OPINION

Sullivan, J.

I respectfully dissent from the result and from the reasoning stated in the opinion by Judge Lowdermilk. I believe that it was error for the trial court to sustain defendant’s motion for new trial.

*596ASSUMPTION OF RISK, AN AFFIRMATIVE DEFENSE, IS NOT PROPERLY ARGUABLE UNDER DEFENDANT’S SUFFICIENCY OF EVIDENCE SPECIFICATION

It is apparent from examination of the opinion written by Judge Lowdermilk which I shall hereafter refer to as the primary opinion,1 the record, and the briefs filed herein that the parties, the trial court, and my learned colleagues, Judges…