Arthur v. Zearley

Ernie E. Wright, Special Associate Justice,

concurring in part, dissenting in part. I concur in the Majority opinion reversing the judgment of the trial court certifying this case as a class action; however, I disagree with its holding that the trial court abused its discretion in allowing Mr. Hicks, an attorney for the appellees, to testify at the pretrial proceeding on the procedural issue of whether the case should be certified as a class action. The word “pretrial” suggests proceedings preliminary to the trial itself, which normally refers to a trial on the merits.

Mr. Hicks’s testimony was…