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EMPIREGAS, INC. OF HUNTSVILLE v. SIMPSON

87-1486.

549 So.2d 27 (1989)

EMPIREGAS, INC. OF HUNTSVILLE v. Ernest R. SIMPSON and Alfa Mutual Insurance Company.

Supreme Court of Alabama.

As Modified on Denial of Rehearing July 14, 1989.

Attorney(s) appearing for the Case

John F. Kizer, Jr. and Jeffrey W. Bennitt, Birmingham, for appellant.

David D. Wininger and D. DeLeal Wininger, Jr. of Wininger & Wininger, Birmingham, and R. Wayne Wolfe of Wolfe and Jones, Huntsville, for appellees.

JONES, Justice.

Empiregas, Inc. of Huntsville appeals from a judgment based upon a jury verdict in favor of Ernest R. Simpson and his insurer and subrogee Alfa Mutual Insurance Company. Simpson's statement of his claim alleged that he suffered the loss of personal property in a tool shop fire caused by a malfunctioning liquified gas tank regulator furnished by Empiregas. The case was tried to the jury on two theories: 1) Negligence; and 2) defective product, i.e....

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