Kenneth W. Tilley v. Malvern Nationa — Wood, J…

Summary

Justice Wood, dissenting, would affirm the circuit court's ruling that Tilley's predispute contractual waiver of a jury trial was valid because the Arkansas Constitution permits waiver in the manner prescribed by law, which includes common law. She reasoned that Arkansas contract principles allow parties to agree in advance on how disputes will be resolved, including waiver of a jury, when the waiver is knowing and voluntary. Justice Goodson, dissenting separately, would have declined to reach the constitutional issue because Tilley did not timely preserve it and would otherwise have upheld the waiver.