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ALABAMA POWER CO. v. MOORE

1021937.

899 So.2d 975 (2004)

ALABAMA POWER COMPANY v. David MOORE.

Supreme Court of Alabama.

Rehearing Denied October 22, 2004.

Attorney(s) appearing for the Case

Teresa G. Minor and Ed R. Haden of Balch & Bingham, LLP, Birmingham; Sterling G. Culpepper, Jr., of Balch & Bingham, LLP, Montgomery; and Walter E. McGowan of Gray, Langford, Sapp, McGowan, Gray & Nathanson, Tuskegee, for appellant.

R. Graham Esdale, Jr., and LaBarron N. Boone of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., Montgomery; and Lynn W. Jinks III and Christina D. Crow of Jinks, Daniel & Crow, P.C., Union Springs, for appellee.

WOODALL, Justice.

Alabama Power Company ("APCo") appeals from a judgment entered on a jury verdict, awarding David Moore compensation for injuries he sustained when he came into contact with an electrified guy wire, as well as punitive damages. We reverse and remand.

I. Factual Background

On the evening of February 25, 2001, Moore drove his automobile to a restaurant in Montgomery. He found a marked parking space at the edge of the pavement...

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