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BLACK WARRIOR ELEC. MEMBERSHIP v. McCARTER

1110745.

115 So.3d 158 (2012)

BLACK WARRIOR ELECTRIC MEMBERSHIP CORPORATION v. Ronald McCARTER.

Supreme Court of Alabama.

Rehearing Denied December 7, 2012.

Attorney(s) appearing for the Case

John W. Dodson and David A. Rich of Ferguson Frost & Dodson, L.L.P., Birmingham, for appellant.

Michael L. Jackson and Matthew D. Fridy of Wallace, Jordan, Ratliff & Brandt, L.L.C., Birmingham; and Christopher A. Keith and John H. McElheny of Wettermark & Keith, LLC, Birmingham, for appellee.

WOODALL, Justice.

Black Warrior Electric Membership Corporation ("Black Warrior") appeals from a judgment entered on a jury verdict for Ronald McCarter in McCarter's action seeking compensation for injuries he sustained when he contacted a power line owned and operated by Black Warrior. We reverse and remand.

I. Factual and Procedural Background

This case arose out of an accident that occurred September 14, 2006, on State Highway 14 ("the...

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