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SMALLWOOD v. WALLING BY & THROUGH WALLING

1940103.

657 So.2d 843 (1995)

Scott Amos SMALLWOOD v. Tommy WALLING, a minor, By and Through his mother and next friend, Rebecca WALLING.

Supreme Court of Alabama.

March 17, 1995.

Attorney(s) appearing for the Case

Anthony N. Fox of Clark & Scott, P.C., Birmingham, for appellant.

Roger L. Lucas and Leigh Ann King of Lucas, Alvis & Wash, P.C., Birmingham, for appellee.

INGRAM, Justice.

Tommy Walling, a minor, was injured when the motorcycle he was driving collided with a truck driven by Scott Amos Smallwood. Walling, by and through his mother Rebecca Walling, sued Smallwood, alleging claims of negligence and wantonness. A jury returned a verdict for Walling, and the trial court entered a judgment on that verdict. Smallwood appeals.

The dispositive issue on appeal is whether the trial court abused its discretion in its instruction...

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