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O'HARA v. KIMBRELL

2970578.

724 So.2d 29 (1998)

Elisha J. O'HARA III v. James D. KIMBRELL, Jr., and M & M Builders, Inc.

Court of Civil Appeals of Alabama.

Rehearing Denied November 6, 1998.

Certiorari Denied February 19, 1999.

Attorney(s) appearing for the Case

Marvin L. Stewart, Jr., and Guy D. Chappell III of the Stewart Law Group, P.C., Birmingham, for appellant.

Richard E. Sandefer, Pinson, for M&M Builders, Inc.

Alabama Supreme Court 1980397.

WRIGHT, Retired Appellate Judge.

Elisha J. O'Hara III appeals a judgment as a matter of law entered in favor of James D. Kimbrell, Jr., and M & M Builders, Inc.

On April 14, 1994, O'Hara sued Kimbrell and M & M Builders, asserting claims of negligence and wantonness arising out of a December 3, 1993, motor vehicle accident. O'Hara alleged that Kimbrell, while acting in the line and scope of his employment, was...

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