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Kruse v. Freeman

Supreme Court of Alabama

September 26, 2014

Frank Kruse, Esq., administrator of the estate of Timothy Lovely, M.D., and Southern Medical Group, Inc.
v.
Jeremy Freeman

Released for Publication July 22, 2015.

Appeal from Walker Circuit Court. (CV-07-0134). Jerry Selman, Trial Judge.

For Appellants: Richard E. Crum, Steadman S. Shealy, and Kelly W. Harmon of Shealy, Crum & Pike, P.C., Dothan.

For Appellee: Dennis E. Goldasich, Jr., Justin C. Owen, and Joshua M. Vick of Goldasich & Associates, LLC, Birmingham.

STUART, Justice. Bolin, Parker, Shaw, Main, Wise, and Bryan, JJ., concur. Moore, C.J., and Murdock, J., dissent.

OPINION

Page 320

STUART, Justice.

AFFIRMED. NO OPINION.

Bolin, Parker, Shaw, Main, Wise, and Bryan, JJ., concur.

Moore, C.J., and Murdock, J., dissent.

DISSENT

MOORE, Chief Justice (dissenting).

In my view the trial court's failure to give a contributory-negligence instruction constituted reversible error. Therefore, I respectfully dissent from the no-opinion ...


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