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FRIAR v. McCRARY

89-1269.

578 So.2d 1249 (1991)

Vikki L. FRIAR v. Leon A. McCRARY, as Executor of the Estate of Homer Gay McCrary, Deceased.

Supreme Court of Alabama.

April 5, 1991.

Attorney(s) appearing for the Case

Kenneth W. Hooks and Ralph Bohanan of Pittman, Hooks, Marsh, Dutton & Hollis, Birmingham, for appellant.

Robert O. Cox and Preston S. Trousdale, Jr. of Poellnitz, Cox & Jones, Florence, for appellee.

KENNEDY, Justice.

The plaintiff, Vikki L. Friar, appeals a judgment based on a jury verdict for the defendant, Leon A. McCrary, executor of the estate of Homer Gay McCrary, deceased. The suit arose out of an automobile accident that occurred in Florence, Alabama. We reverse.

The accident occurred on December 6, 1986, on Cox Creek Parkway. The suit was filed on October 9, 1987. Mr. Homer G. McCrary died on February 10, 1988, and Leon McCrary was appointed executor...

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