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ALBERT v. HSU

1910701.

602 So.2d 895 (1992)

Linda G. ALBERT, as administratrix of the Estate of Crystal Lynn Albert, deceased v. Leo Sui-Yean HSU, et al.

Supreme Court of Alabama.

July 31, 1992.

Attorney(s) appearing for the Case

S. Shay Samples and Richard D. Stratton of Hogan, Smith, Alspaugh, Samples & Pratt, P.C., Birmingham, for appellant.

Bemjamin R. Rice of Spurrier, Rice & Henderson, Huntsville, for appellees Leo Sui-Yean Hsu and Yang Ming-Hsu, individually and d/b/a The Panda Chinese Restaurant and the Panda Restaurant.

Michael L. Fees and Joseph A. Jimmerson of Watson, Gammons & Fees, P.C., Huntsville, for appellee Charles W. Anderson.

L. Tennent Lee III and Nancy L. Carter of Burr & Forman, Huntsville, for appellee Consol. Const. Co.

SHORES, Justice.

On December 9, 1988, Nancy Hung backed her car across the parking lot from a parking space, over a six-inch curb, across a sidewalk, and through the wall of the Panda Chinese Restaurant ("Panda Restaurant") in Huntsville, Alabama. Crystal Lynn Albert, a 10-year-old girl, was struck by the car; she was seated inside the restaurant, approximately one to two feet from the exterior wall and window. When the car stopped, about one-half of the trunk was...

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