Turner v. Clark & Clark

Though I have no disagreement with Division 1 of the majority opinion, I have considerable difficulty reconciling Division 1 with *85Division 2 inasmuch as I am in much disagreement with two key portions of that division.

The majority bases its conclusion in Division 2 upon two major premises that (1) there is no conflict between the deposition testimony of Turner and his subsequently made affidavit but (2) even assuming such a conflict to be evident, there is no justification to proclaim that conflict as having been deliberately or intentionally made.

There can be no question as to the existence…