ALABAMA POWER CO. v. WALLACE

Nos. 87-206, 87-238.

548 So.2d 1372 (1989)

ALABAMA POWER COMPANY v. Ezzie Charles WALLACE. Ezzie Charles WALLACE v. ALABAMA POWER COMPANY.

Supreme Court of Alabama.

Rehearing Denied August 18, 1989.


Attorney(s) appearing for the Case

John P. Scott, Jr. and Jonathan S. Harbuck of Balch & Bingham, Birmingham, and Carroll H. Sullivan of Clark, Scott & Sullivan, Mobile, for appellant/cross-appellee.

Joseph J. Boswell, Mobile, for appellee/cross-appellant.


ADAMS, Justice.

Defendant, Alabama Power Company ("APCo"), appeals from the trial court's grant of a new trial to the plaintiff, Ezzie Charles Wallace. Wallace cross-appeals, claiming error in the trial court's refusal to direct a verdict on the negligence and res ipsa loquitur counts of his complaint. Wallace also moved to dismiss APCo's appeal; that motion is denied. We reverse the order granting a new trial and remand for entry of a judgment based on the jury verdict...

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