Kenneth W. Tilley v. Malvern Nati — Goodson, J…

Summary

Justice Goodson dissented because she believed the court should not reach the merits of the constitutional challenge to the pre-litigation jury-trial waiver. She concluded that the challenge was raised too late, that the waiver was otherwise enforceable, and that the circuit court properly tried the claims without a jury. Justice Wood, dissenting separately, would have affirmed on the ground that the Arkansas Constitution permits knowingly and voluntarily executed pre-litigation jury-trial waivers.