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PREFERRED RISK MUT. INS. CO. v. STUART

79-394, 79-418.

395 So.2d 980 (1981)

PREFERRED RISK MUTUAL INSURANCE COMPANY v. James A. STUART and Jessie P. Stuart. Charles BEACH and James Beach v. James A. STUART, Jessie P. Stuart and Preferred Risk Mutual Insurance Co., an Iowa Corp.

Supreme Court of Alabama.

March 6, 1981.

Attorney(s) appearing for the Case

W. Boyd Reeves of Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, Mobile, for appellant Preferred Risk Mut. Ins. Co.

John D. Richardson and E. J. Saad of Brown, Hudgens, Richardson, Whitfield & Gillion, Mobile, for appellants Charles Beach and James Beach.

Fred W. Killion, Jr., and Patricia K. Olney of Reams, Tappan, Wood, Vollmer, Philips & Killion, Mobile, for appellees James A. Stuart and Jessie P. Stuart.

BEATTY, Justice.

Appeals by Preferred Risk and the Beaches from judgments based upon jury verdicts in favor of the Stuarts. We reverse and remand.

The plaintiffs, James and Jessie Stuart, contracted with Charles and James Beach, d/b/a Charles Beach Carpeting Company, to install a quantity of vinyl flooring in the Stuarts' house. During the job a problem developed which necessitated separation of the upper floor from the subsurface. A quantity of gasoline was...

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