Donriel A. Borne v. Celadon Trucking Services, Inc - Concurring in Part and Dissenting in Part

Donriel A. Borne v. Celadon Trucking Services, Inc - Concurring in Part and Dissenting in Part
W2013-01949-SC-R11-CV

I concur in the majority’s decision regarding the pretrial agreement. I dissent from the majority’s analysis regarding superseding cause. The trial court did not err in declining to give an instruction on superseding cause; the majority’s analysis confuses causation in fact with superseding cause. Further, I dissent from the majority’s analysis of the remittitur issue and its remand to the trial court. The majority, in five lengthy footnotes, attempts to defend its decision. The reasoning in this separate opinion is clearly stated; I will not debate with the majority in a series of footnotes.

Authoring Judge: 
Justice Sharon G. Lee
Originating Judge: 
Judge Robert S. Weiss
Date Filed: 
Friday, October 20, 2017