McKELVIN v. SMITH

No. 2090779.

85 So.3d 386 (2010)

Tracie McKELVIN and Jerome McKelvin, v. Doug SMITH.

Court of Civil Appeals of Alabama.

Certiorari Denied December 9, 2011 Alabama Supreme Court 1100367.


Attorney(s) appearing for the Case

Phillip A. Gibson , Huntsville, for appellants.

Michael L. Fees , Allen L. Anderson , and Stacy L. Moon of Fees & Burgess, P.C., Huntsville, for appellee.


BRYAN, Judge.

Tracie McKelvin and Jerome McKelvin appeal from the dismissal of their claims alleging negligence and wantonness against Doug Smith. We reverse and remand.

The McKelvins sued several defendants, including Smith, alleging various claims based on an allegation of fire occurring at the McKelvins' house. The complaint alleged that "[o]n [or] about February 10, 2008, the [McKelvins'] home was damaged by a fire due to a defective electrical junction...

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