Mary Nell Phillips v. James Travis Seward and Heartland Express, Inc.

Summary

The Alabama Supreme Court reversed the trial court's judgment for the truck driver and his employer and remanded for a new trial because the jury was improperly instructed on contributory negligence. The court affirmed the trial court's denial of a judgment as a matter of law on negligence, finding sufficient evidence of the defendants' liability. A concurring justice agreed with the majority on the contributory negligence error.