# National Bank of Commerce v. McNeill Trucking Co.

> Supreme Court of Arkansas · April 6, 1992 · 309 Ark. 80

URL: https://www.frixlaw.com/law-library/cases/9681982

## Case

- **Full name:** NATIONAL BANK OF COMMERCE (Of El Dorado, Arkansas), as Conservator of the Estate (Only) of Jerry Wayne Yancey and Janice Yancey, His Wife v. the McNEILL TRUCKING COMPANY, Inc., Et Al.
- **Court:** Supreme Court of Arkansas
- **Decided:** April 6, 1992
- **Citations:** 309 Ark. 80; 828 S.W.2d 584; 1992 Ark. LEXIS 255
- **Precedential status:** Published
- **Opinion:** Dissent by Hays
- **Judges:** Holt, Dudley, Glaze, Hays, Brown
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9681982

## How later opinions describe it (automated extraction)

- discussing line between gross negligence and wanton/willful conduct in the context of automobile accidents

## Opinion text

Steele Hays, Justice, dissenting. I respectfully submit the majority reverses this judgment for a new trial on a mistaken assumption that because testimony of some medical experts was undisputed, it was incumbent on the trial judge, as fact-finder, to accept such evidence. That is not the law. The testimony of medical experts, like that of other experts, is not binding on the fact-finder, however reliable such evidence might seem. The fact-finder may accept or reject all or any part of the testimony of expert witnesses. The Western Union Telegraph Co. v. Byrd, Adm’x., 197 Ark. 152 , 122 S.W.2d 569 (1938). “Even when several competent experts concur in their opinions and no opposing expert evidence is offered, the jury is still bound to decide the issue upon its own fair judgment.” Western Union Telegraph Company v. Turner, 190 Ark. 97 , 77 S.W.2d 633 (1935).
It is clear the trial judge in this case did not accept the medical opinion that the expenses incurred in connection with Mr. Yancey’s cardiac complaints were attributable to the initial trauma or to the subsequent treatment of other injuries. The judgment should be affirmed.
Brown, J., joins in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9681982. Public record. Not legal advice.