Wal-Mart Stores, Inc. v. Regions Bank Trust Department

I must respectfully dissent. While I agree with the majority that there is sufficient evidence to support the jury’s finding that Wal-Mart was negligent, I cannot agree with the majority’s holding that the expunged conviction of Mrs. Burkeen is admissible under Ark. R. Evid. 609(c) for purposes of impeachment in a civil trial. This holding is directly contrary to our holding in Steele v. State, 280 Ark. 51, 655 S.W.2d 381 (1983). There are two instances where an expunged conviction is admissible. Neither is applicable under the facts of this case. I find no basis for this court’s holding on…