Legal Opinion · Dissent

McClard v. Crain Management Group, Inc.

Supreme Court of Arkansas

Decided June 21, 1993No. 92-1325Published

1DissentRobert L. Brown, Justice

I would affirm this case.

The trial judge instructed the jury on what the term, justifiable reliance, meant in the context of this case. He explained that he did so because the AMI instructions did not fully and adequately cover the necessary law. He then looked to one of our recent cases, Brookside Village Mobile Homes v. Meyers, 301 Ark. 139, 782 S.W.2d 365 (1990), and used our holding there to clarify the term. He instructed the jury that justifiable reliance meant that the ascertainment of undisclosed facts was not within the reach of the plaintiffs diligent attention and observation.

The…

2Cases cited8 opinions

  1. Wal-Mart Stores, Inc. v. KeltonSupreme Court of Arkansas · 1991
  2. Pineview Farms, Inc. v. A.O. Smith Harvestore, Inc.Supreme Court of Arkansas · 1989
  3. Dorton v. FranciscoSupreme Court of Arkansas · 1992
  4. Brookside Village Mobile Homes v. MeyersSupreme Court of Arkansas · 1990
  5. Newman v. Crawford Construction Co.Supreme Court of Arkansas · 1990

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