MALLORY BY HOCUTT v. HOBBS TRAILERS

87-810, 87-811.

554 So.2d 966 (1989)

Heather MALLORY and Amy Mallory, By and Through their guardian, Truman H. HOCUTT v. HOBBS TRAILERS. Larry WALLACE; and Lee M. Creel, d/b/a Creel Trucking Company v. Heather MALLORY and Amy Mallory, By and Through their guardian, Truman H. HOCUTT.

Supreme Court of Alabama.

Rehearing Denied December 1, 1989.


Attorney(s) appearing for the Case

L. Andrew Hollis, David H. Marsh and Patricia F. Emens of Pittman, Hooks, Marsh, Dutton & Hollis, Birmingham, for appellants/cross-appellees Mallory.

Robert E. Parsons and David A. Lee of Parsons, Lee & Juliano, Birmingham, for appellants Wallace and Creel.

James B. Carlson of Rives & Peterson, Birmingham, for appellee Hobbs Trailers.


JONES, Justice.

These appeals arise from a single wrongful death action brought by the dependent children of Arlene Elizabeth Mallory. Ms. Mallory was employed as a coal tester at Alabama Power Company's Gorgas Steam Plant. A 44-ton dump truck and trailer, while dumping a load of coal at the Gorgas facility, overturned on Ms. Mallory, fatally injuring her.

STATEMENT OF THE CASE

Heather and Amy Mallory, through their guardian, Truman H. Hocutt ("plaintiffs...

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