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JIMMY DAY PLUMBING & HEATING, INC. v. SMITH

1051115.

964 So.2d 1 (2007)

JIMMY DAY PLUMBING & HEATING, INC. v. Brian SMITH.

Supreme Court of Alabama.

March 9, 2007.

Attorney(s) appearing for the Case

Christopher J. Zulanas and Michael J. Douglas of Friedman, Leak, Dazzio, Zulanas & Bowling, P.C., Birmingham; and Robert G. Boliek, Jr., Birmingham, for appellant.

Frank H. Hawthorne, Jr., and Randy Myers of Hawthorne & Myers, LLC, Montgomery, for appellee.

Robert A. Huffaker and T. Grant Sexton, Jr., of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for amici curiae American Institute of Architects (Montgomery Chapter), Associated General Contractors, and Associated Builders and Contractors, in support of the appellant.

WOODALL, Justice.

Jimmy Day Plumbing & Heating, Inc. ("Day"), appeals from a judgment for Brian Smith in Smith's personal-injury action against Day. We affirm.

This case arises from a motor-vehicle accident that occurred on April 18, 2003. On that date, Smith, who was then 21 years old, was operating a motorcycle on a public road. Alan Nelson, who was driving a pickup truck in the line and scope of his employment with Day, entered that roadway from a driveway...

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