CASTILLOW v. BROWNING-FERRIS INDUSTRIES

1900806.

591 So.2d 43 (1991)

Ray G. CASTILLOW and Emma Castillow v. BROWNING-FERRIS INDUSTRIES, INC., and Eddie McMillan.

Supreme Court of Alabama.

November 27, 1991.


Attorney(s) appearing for the Case

John W. Parker, Mobile, for appellants.

Cooper C. Thurber, William E. Shreve, Jr. and Daniel S. Cushing of Lyons, Pipes & Cook, P.C., Mobile, for appellees.


KENNEDY, Justice.

The plaintiffs appeal from a judgment entered on a jury verdict in favor of the defendants, Browning-Ferris Industries, Inc., and Eddie McMillan. The dispositive issue is whether the trial court abused its discretion in treating a deceased witness, whose deposition testimony was offered by the defendants, as an adverse witness subject to impeachment by evidence of prior inconsistent statements.

Dirt, Inc., operates a private landfill in Mobile...

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