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ALABAMA POWER CO. v. ROBINSON

82-741.

447 So.2d 148 (1983)

ALABAMA POWER COMPANY, a Corporation v. Barbara A. ROBINSON, who sues as Administratrix of the Estate of Thomas Gene Robinson, deceased.

Supreme Court of Alabama.

As Modified on Denial of Rehearing February 24, 1984.

Attorney(s) appearing for the Case

Harold A. Bowron, Jr. of Balch, Bingham, Baker, Ward, Smith, Bowman & Thagard, Birmingham, and William O. Walton, Jr., Lafayette, for appellant.

John W. Johnson, Jr., Lanett, and R.C. Wallace, Jr., Lafayette, for appellee.

MADDOX, Justice.

A number of issues are raised by appellant, but the dispositive issue is whether the trial court erred to reversal in permitting the appellee's expert witness to offer opinion evidence, over objection,1 regarding facts neither observed by him nor hypothesized by the use of hypothetical questions. We reverse and remand for a new trial.

This is the second appeal of this case, see Alabama Power Co. v. Robinson...

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