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THOMAS v. EARNEST

1091428.

72 So.3d 580 (2011)

Larry THOMAS v. Charles EARNEST and Zondra T. Hutto, administrator of the estate of James E. Kimble, deceased.

Supreme Court of Alabama.

Rehearing Denied May 6, 2011.

Attorney(s) appearing for the Case

W. Whitney Seals of Pate & Cochrun, L.L.P., Birmingham, for appellant.

V. Edward Freeman II of Stone, Patton, Kierce & Freeman, Bessemer, for appellee Charles Earnest.

Robert R. Kracke of Kracke & Thompson, LLP, Birmingham, for appellee Zondra T. Hutto, as administrator of the estate of James E. Kimble, deceased.

SHAW, Justice.

Larry Thomas, the plaintiff below, appeals from a summary judgment in favor of Charles Earnest and Zondra T. Hutto, administrator of the estate of James E. Kimble, deceased, the defendants below, on Thomas's claims alleging personal injury arising out of a motor-vehicle accident that occurred in Bessemer. For the reasons discussed below, we reverse and remand.

Facts and Procedural History

On the afternoon of June 22, 2004, Thomas...

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