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GOLLOTTE v. PETERBILT OF MOBILE, INC.

89-1600.

582 So.2d 459 (1991)

Walter GOLLOTTE, d/b/a Walter Gollotte Trucking v. PETERBILT OF MOBILE, INC.

Supreme Court of Alabama.

Rehearing Denied May 31, 1991.

Attorney(s) appearing for the Case

Edward P. Turner, Jr. and E. Tatum Turner of Turner, Onderdonk, Kimbrough & Howell, Chatom, for appellant.

Broox G. Holmes and William Steele Holman II of Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, Mobile, for appellee.

INGRAM, Justice.

Walter Gollotte, d/b/a Walter Gollotte Trucking, sued Peterbilt of Mobile, Inc., alleging that Peterbilt had failed to install an air filter in the engine of one of Gollotte's trucks when the truck was in Peterbilt's shop for repairs to a "dropped valve," and that, as a result, the engine had been damaged. Gollotte's complaint alleged both negligence and breach of contract by Peterbilt. Following discovery, Peterbilt filed a motion for summary judgment...

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