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SMITH v. U.S. CONST. CO., INC.

1910568.

602 So.2d 349 (1992)

Jerry SMITH v. U.S. CONSTRUCTION COMPANY, INC.

Supreme Court of Alabama.

July 17, 1992.

Attorney(s) appearing for the Case

John W. Kelly III, Selma, for appellant.

Michael S. Jackson of Beers, Anderson, Jackson & Smith, P.C., Montgomery, for appellee.

KENNEDY, Justice.

The plaintiff appeals from a judgment based on a directed verdict in favor of the defendant. The issue is whether the plaintiff was contributorily negligent as a matter of law.

Jerry Smith was employed by Brown Oil Company. As part of Smith's duties, he would drive a fuel truck to a particular construction site and fill the fuel tanks of the heavy equipment vehicles at the site. Smith was at a construction...

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