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LIBERTY TRUCK SALES, INC. v. KIMBREL

No. 87-1061.

548 So.2d 1379 (1989)

LIBERTY TRUCK SALES, INC. v. Lynn KIMBREL.

Supreme Court of Alabama.

Rehearing Denied August 18, 1989.

Attorney(s) appearing for the Case

Bibb Allen and James J. Bushnell, Jr. of Rives & Peterson and John Frawley, Birmingham, for appellant.

E. Ray Large, Birmingham, for appellee.

ADAMS, Justice.

Defendant Liberty Truck Sales, Inc. ("Liberty"), appeals a judgment on a jury verdict in the amount of $80,296 in favor of plaintiff Lynn Kimbrel. As an alternative to reversing, Liberty asks us to apply the remedy of remittitur to this verdict. We affirm conditionally.

The facts necessary to an understanding of this case are as follows:

Kimbrel, a professional truck driver, purchased a new Freightliner truck from Liberty

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