Schrader v. Bell

I am pleased to see that the majority has, somewhat belatedly, joined my dissent in Penny v. Phillips, 298 Ark. 481, 769 S.W.2d 4 (1989). The similarities between this case and Penny, decided a mere seven months ago, are striking. Penny involved a teenage-driver who didn’t see a curve and skidded off a road into a ditch, injuring a passenger. The driver had not been speeding, drinking, or violating any highway rule at the time of the accident, and the jury found no negligence on his or his parents’ part. The trial court ruled that the verdict was clearly against the preponderance of the…