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SAVAGE INDUSTRIES, INC. v. DUKE

87-1077, 87-1162.

598 So.2d 856 (1992)

SAVAGE INDUSTRIES, INC. v. Jonathan Bernard DUKE, a minor, By and Through his father and next friend, Charles Bernard DUKE. Jonathan Bernard DUKE, a minor, By and Through his father and next friend, Charles Bernard DUKE v. SAVAGE INDUSTRIES, INC.

Supreme Court of Alabama.

April 24, 1992.

Attorney(s) appearing for the Case

James E. Simpson and Morris Wade Richardson of Lange, Simpson, Robinson & Somerville, Birmingham, for appellant/cross-appellee.

Gary L. Aldridge of Emond & Vines, Birmingham, for appellee/cross-appellant.

KENNEDY, Justice.

The defendant appeals from a denial of a JNOV and from an order granting a new trial for the plaintiff. The plaintiff cross-appeals, arguing that the damages awarded were inadequate.

On December 25, 1980, 10-year-old Jonathan Bernard Duke went deer hunting with his 1978 single-barrel Savage Arms 20-gauge "youth model" shotgun. Jonathan's shotgun was loaded when he attempted to climb a tree stand...

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