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WARNER v. PONY EXPRESS COURIER CORP.

2940933.

675 So.2d 1317 (1996)

Benjamin E. WARNER v. PONY EXPRESS COURIER CORPORATION and Phenithia Mooney.

Court of Civil Appeals of Alabama.

February 23, 1996.

Attorney(s) appearing for the Case

Richard D. Greer, Birmingham, for Appellant.

Roy W. Scholl III and Caroline E. Walker of Roy W. Scholl III, P.C., Birmingham, for Appellees.

CRAWLEY, Judge.

On May 26, 1994, Benjamin E. Warner sued Pony Express Courier Corporation ("Pony Express") and Phenithia Mooney, alleging that Mooney, an employee of Pony Express, had negligently and wantonly injured him when the vehicle she was driving collided with the parked vehicle in which he was sitting.

After filing the complaint, Warner's counsel 1 neither initiated any discovery nor responded to discovery propounded by...

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