Supreme Court of Alabama February 13, 1998, 1951825 (Looney v. Davis)

Although I concur with the majority's holding that a violation of Batson v. Kentucky, 476 U.S. 79,106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), occurred at voir dire, I dissent from its holding that under the evidence presented in this case Dr. Looney, a dentist, could be held liable for Mrs. Davis's death. Mrs. Davis expressly misled Dr.