Crail Creek Associates, LLC v. Olson

JUSTICE COTTER

concurs.

¶46 I concur in the Court’s Opinion because it correctly applies the law to the facts of this case. I continue to maintain, however, that what the Court here characterizes as the “rebuttal standard” (Opinion, ¶ 18), the adoption of which I urged in my dissent in Reff-Conlin’s, should be applied in those civil cases where the prevailing party affirmatively demonstrates that there is no reasonable possibility that the district court’s erroneous denial of a challenge for cause could have contributed to the verdict.

JUSTICE RICE joins in the Concurrence of JUSTICE COTTER.