Kincaid v. Ames Department Stores, Inc.

PRESIDING JUSTICE McNULTY,

dissenting:

I dissent from the decision to reverse and remand, reached in part III of the majority opinion.

The parties to this appeal may have considerable difficulty recognizing the case they presented at trial and argued on appeal from the decision of the majority. While defendants’ insurer may be delighted by the surprising arguments the majority formulates on its behalf, the alterations in the case unjustly deprive plaintiff of the verdict she properly won on the arguments raised at trial.

The majority finds that Jennings’ statement implicating plaintiff was not…