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BLACK BELT WOOD CO. v. SESSIONS

82-906, 82-907.

455 So.2d 802 (1984)

BLACK BELT WOOD COMPANY, INC. v. Leonard SESSIONS, as Administrator of the Estate of James Karl Sessions, Deceased. S & T TRUCKING COMPANY, INC., a corporation, and Robert Poole v. Leonard Earl SESSIONS, as Administrator of the Estate of James Karl Sessions, Deceased.

Supreme Court of Alabama.

On Rehearing July 16, 1984.

Rehearing Denied August 24, 1984.

Attorney(s) appearing for the Case

Jack B. Porterfield, Jr. of Porterfield, Scholl, Bainbridge, Mims & Harper, Birmingham, for appellant Black Belt Wood Company, Inc.

Tony S. Hebson of London, Yancey, Clark & Allen, Birmingham, for appellant S & T Trucking Co., Inc. and Robert Poole.

R. Gordon Pate and Alex W. Newton of Hare, Wynn, Newell & Newton, Birmingham, for appellee.

MADDOX, Justice.

The issue on appeal is whether the trial court was correct in ordering a new trial as to all defendants in these cases. We affirm, in part and reverse, in part.

On February 7, 1980, James Karl Sessions, who at the time was driving an automobile along U.S. Highway 11 in Sumter County, Alabama, was killed when a log fell from a truck loaded with pulpwood and crashed through the windshield of his car.

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