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CNH AMERICA, LLC v. ROEBUCK

1080261.

41 So.3d 41 (2009)

CNH AMERICA, LLC v. Tammy ROEBUCK.

Supreme Court of Alabama.

Rehearing Denied January 22, 2010.

Attorney(s) appearing for the Case

J. Gorman Houston, Jr., Jere F. White, Jr., and J. Chandler Bailey of Lightfoot, Franklin & White, L.L.C., Birmingham; and Nicholas C. Pappas of Frost Brown Todd LLC, Indianapolis, Indiana, for appellant.

David H. Marsh, Michael K. Beard, and Thomas M. Powell of Marsh, Rickard & Bryan, P.C., Birmingham; and Randy Beard of Beard & Beard, Guntersville, for appellee.

STUART, Justice.

Tammy Roebuck sued CNH America, LLC ("CNH"), in the Marshall Circuit Court seeking damages for the wrongful death of her husband, Chris Roebuck, who was killed in an accident involving a backhoe manufactured by CNH. At the conclusion of a jury trial, the jury returned a verdict in favor of CNH; however, on Roebuck's motion, the trial court subsequently ordered a new trial on the ground of juror misconduct. CNH appeals, arguing that the trial court...

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