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DAUGHERTY v. M-EARTH OF ALABAMA, INC.

No. 86-53.

519 So.2d 467 (1987)

Thomas Allen DAUGHERTY, individually and as guardian of Dana Wright Daugherty, non compos mentis v. M-EARTH OF ALABAMA, INC.

Supreme Court of Alabama.

December 18, 1987.

Attorney(s) appearing for the Case

R.O. Hughes of Johnston, Conwell & Hughes, Birmingham, for appellant.

Jerry B. Oglesby and Thomas E. Dick of Sides, Oglesby, Held & Dick, Anniston, and De Martenson of Huie, Fernambucq & Stewart, Birmingham, for appellee.

ALMON, Justice.

Thomas Allen Daugherty, individually and as guardian for Dana Wright Daugherty, non compos mentis, sued Joseph Thompson, Jr., Victor Munkus, and M-Earth of Alabama, Inc., for injuries sustained in an automobile-truck collision. Daugherty entered into a pro tanto release with Thompson and Munkus and proceeded against M-Earth under a respondeat superior theory of liability. The trial court granted M-Earth's motion for summary judgment.

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