Boyles v. Kerr

SUPPLEMENTAL DISSENTING OPINION ON MOTION FOR REHEARING1

[Filed May 5, 1993]

DOGGETT, Justice.

Today the majority reaffirms its recent reversal of the judgment for Susan Kerr. What has occurred here with the issuance of a revised opinion on rehearing is roughly comparable to Dan Boyles having erased those portions of the videotape featuring his friends making crude remarks, then replaying the remainder of the tape so damaging to Susan Kerr. Excising a few insensitive phrases in no way alters the insensitivity of the majority’s opinion.

Continuing to reject St. Elizabeth Hospital v. Garrard, 730…