Arkansas State Highway Commission v. Witkowski

I concur in both the result and the majority opinion with reference to the testimony of the expert witness Barnes. I would affirm, however, even if a motion had been made to strike his testimony after cross-examination or at the conclusion of all his testimony.

I cannot, however, subscribe to the caveat that the evidentiary rule stated and applied in Arkansas State Highway Commission v. Phillips, 252 Ark. 206, 478 S.W. 2d 27, is subject to reconsideration less than three years later, during which time nothing has really changed. The discovery that the court was not unanimous certainly is not a…