Gresham v. Department of Human Resources

While I concur with the majority as to Divisions 2, 3, 4, and 5, and that portion of Division 1 that says the agreement is void as against public policy and that the test results are admissible, the consensus dissolves as to that portion of Division 1 that says that the denial of the right to a jury trial is harmless error.

The analysis given by the majority in Division 1 is excellent insofar as it shows that the trial court erred in ruling that appellant waived his right to a jury trial. However, the majority opinion jumps the tracks when it assigns the trial court’s denial of a jury trial to…