Supreme Court of Arkansas March 9, 1981, 80-252 (Garner v. Finch)

John I. Purtle, Justice,

dissenting. I respectfully dissent from the majority opinion in this case primarily upon the reasoning we used in the recent case of Scheptmann et al v. Thorn, 272 Ark. 70, 612 S.W. 2d 291 (1981). Both cases are strikingly similar, the chief difference being that in the present case the trial court granted a new trial and in the Scheptmann case a new trial was denied.