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PETTIBONE v. TYSON

1981561.

794 So.2d 377 (2001)

Jerome PETTIBONE v. Dwayne TYSON.

Supreme Court of Alabama.

March 30, 2001.

Attorney(s) appearing for the Case

J. Stephen Legg and David G. Wirtes, Jr., of Cunningham, Bounds, Yance, Crowder & Brown, L.L.C., Mobile, for appellant.

Paul V. Cassisa, Jr., of Bernard, Cassisa, Elliott & Davis, Oxford, Mississippi; and William R. Lancaster of Helmsing, Sims & Leach, P.C., Mobile, for appellee.

JOHNSTONE, Justice.

Plaintiff Jerome Pettibone appeals from a judgment entered in favor of defendant coemployee Dwayne Tyson on Pettibone's claim that §§ 25-5-11(b) and 25-5-11(c)(2), Ala.Code 1975, made Tyson liable for his failure to maintain and/or to repair the brakes on their employer's van.1 We address Pettibone's objection to a jury instruction that increased the scienter essential to his cause of action against Tyson...

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