Wal-Mart Stores, Inc. v. American Drugs, Inc.

Walter Niblock, Special Justice,

dissenting.

INTRODUCTION

I respectfully dissent to the opinion of the majority on all counts. Further, I am authorized to state that Special Justices Bell and Bonds join in this dissent. I would affirm the decision of Judge Reynolds, as it is my belief that the majority did not give due deference to the findings of fact of the trial court, and as a result reached a decision that I cannot subscribe to; therefore, based upon the analysis which follows I would affirm the trial court’s decision.

This case presents an issue of first impression — the interpretation of…