GARNER v. PUGH

1911168.

618 So.2d 1322 (1992)

Timothy GARNER, et al. v. Austin PUGH.

Supreme Court of Alabama.

Rehearing Denied March 26, 1993.


Attorney(s) appearing for the Case

Andrew T. Citrin, Robert T. Cunningham, Jr. and David G. Wirtes, Jr. of Cunningham, Bounds, Yance, Crowder and Brown, Mobile, for appellants.

Mark E. Spear and James Lynn Perry of Richardson, Daniell, Spear & Upton, P.C., Mobile, for appellee.


ADAMS, Justice.

On February 19, 1991, Timothy Garner was attending a birthday party at the residence of defendants Randy and Kathy Kilpatrick. The residence was owned by Austin Pugh, also a defendant. Pugh had purchased the house three years earlier, intending to renovate it and eventually sell it. A concrete wall, dividing the backyard from the driveway, had been installed as a part of the renovation project. After the renovations, Carol Kilpatrick, an employee of...

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