Evans v. Joleemo, Inc.

I respectfully dissent. The majority has implicitly and with a totally incomplete analysis overturned one hundred and fifty years of common law. This attempt by the majority to usurp the power of the legislature is improper and incorrect. The function of the intermediate court of appeals is primarily a stare decisis court. Inventiveness belongs to the legislature and, in some cases, the Supreme Court and Court of Criminal Appeals, but not to the intermediate appellate courts.

Initially, the majority has chosen to pluck from thin air a cause of action by third parties who are injured by the…