Supreme Court of Arkansas

Williams v. Pate.dissent

November 5, 20152015 Ark. 413

Summary

This dissent argues that the court should have granted review because the lower courts incorrectly treated the alleged tree cutting as negligent conduct protected by qualified immunity. It contends that trespass is an intentional tort when the actor intends the physical act, and that statutory boundary and damages provisions foreclose the lower courts' reasoning. The dissent would have granted the petition for review.