SIMMONS v. CENTRAL CONCRETE PRODUCTS CO

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Docket Number

1900713.

Advocates

Billy Church of Church, Trussell Funderburg, Pell City, and Barry W. Hair of Lorant Associates, Birmingham, for appellant. W. Dudley Motlow, Jr. and Connie Shaw Granata of Porterfield, Harper Mills, P.A., Birmingham, for appellees.

Judges

ADAMS, Justice.
HORNSBY, Chief Justice (dissenting):

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Bernie A. SIMMONS v. CENTRAL CONCRETE PRODUCTS COMPANY, INC., and Edward Allen Martin.

ADAMS, Justice.

The only issue of merit in this appeal is whether the trial court erred in refusing to charge the jury with regard to comparative negligence. We affirm on the authority of Williams v. Delta International Machinery Corp., 619 So.2d 1330 (Ala. 1993).

AFFIRMED.

MADDOX, ALMON, HOUSTON and STEAGALL, JJ., concur.

HORNSBY, C.J., and SHORES and INGRAM, JJ., dissent.

HORNSBY, Chief Justice (dissenting):

I respectfully dissent. See my special opinion in Williams v. Delta International Machinery Corp., 619 So.2d 1330 (Ala. 1993).

SHORES, J., concurs.

INGRAM, Justice (dissenting).

I respectfully dissent. I would adopt the doctrine of comparative negligence, because it would provide the people of Alabama with an up-to-date judicial tool that would promote greater fairness in negligence actions.

We live in the remarkable age of technology in so many areas of our lives. Yet, by retaining the doctrine of contributory negligence, we continue to adhere to the most outmoded concept in our justice system.

Bernie A. SIMMONS v. CENTRAL CONCRETE PRODUCTS COMPANY, INC., and Edward Allen Martin.

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