Chaffee v. Clark Equipment Co.

Mere accident instructions are a plague upon the administration of justice when they are used to reach the issue of liability. The Majority disapproves of their use but refused to reverse. I would reverse. My dissent is for the following reasons:(1) The Majority attempts to overrule the Supreme Court opinion in Miller v. Alvey (1965), 246 Ind. 560, 207 N.E.2d 633 and the Court of Appeals, Second District, opinion in Dunlap v. Goldwin (1981), Ind.App., 425 N.E.2d 724.(2) The Majority's reliance upon Condor v. Hull Lift Truck, Inc., (1982), Ind., 435 N.E.2d 10, is misplaced. The Majority should…