Stiftel v. Malarkey

QUILLEN, Justice Ad Litem,

dissenting:

I respectfully dissent from the opinion of the majority. I would be less than candid if I did not admit that the decision reached by the majority is technically defensible on a narrow view of the issues presented by the record in this case. But nonetheless I find the decision is wrong and therefore I am compelled to express with regret a contrary conclusion. In my judgment, the majority has reached for a result which is contrary to the better legal construction on the narrow issues presented and, perhaps more importantly, because of the broader issues of…