ELEC. SERV. CO. OF MONTGOMERY v. DYESS

88-1054.

565 So.2d 244 (1990)

ELECTRIC SERVICE COMPANY OF MONTGOMERY, INC. v. Elton G. DYESS and Susie W. Dyess.

Supreme Court of Alabama.

July 13, 1990.


Attorney(s) appearing for the Case

Dennis R. Bailey of Rushton, Stakely, Johnston and Garrett, Montgomery, for appellant.

Scott A. Powell of Hare, Wynn, Newell & Newton, Birmingham, for appellees.


ALMON, Justice.

This is an appeal from a judgment rendered on a jury verdict awarding Elton and Susie Dyess $500,000 in their negligence action against Electric Service Company of Montgomery, Inc. ("Electric"). The questions presented are whether the trial court erred in denying Electric's motions for directed verdict and j.n.o.v. on the ground that Dyess was contributorily negligent as a matter of law, and whether the trial judge's refusal to consider a juror's affidavit...

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