Winn v. Industrial Crane Rental Inc.

hPETERS, J.

dissenting.

I respectfully disagree with the majority’s affirmation of the trial court judgment. Unlike the majority, I find the evidence presented by the plaintiff falls woefully short of proof by a preponderance.

While disagreeing with the majority’s result, I do agree that the procedural posture of this litigation is less than satisfactory, and there is no clear explanation for the convoluted nature of the pleadings. However, as noted by the majority, the parties seem to agree concerning the status of the litigants on appeal, and, therefore, I also interpret this litigation to be…