Legal Opinion · Dissent

Wasp Oil, Inc. v. Arkansas Oil & Gas, Inc.

Supreme Court of Arkansas

Decided October 17, 1983No. 83-93Published

1DissentSteele Hays, Justice

I agree entirely with the majority opinion down to the final point, i.e., that Braden’s proof of damages fails to sustain the awards of compensatory and punitive damages.

The words written about Braden and his company were actionable per se and, hence, whether Braden’s proof, of pecuniary loss sustained the amount awarded by the trial court is beside the point. In his pleading Braden prayed for the recovery of general damages and the law in this state and in many states, is that libel that is actionable per sc supports a recovery of general damages and is not dependent on proof of special…

2Cases cited5 opinions

  1. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  2. Dun & Bradstreet, Inc. v. RobinsonSupreme Court of Arkansas · 1961
  3. Schomer v. SmidtCalifornia Court of Appeal · 1980
  4. Taylor v. GumpertSupreme Court of Arkansas · 1910
  5. Lile v. MatthewsCourt of Appeals of Arkansas · 1980

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