Supreme Court of Alabama
Darryl Clayton v. Llb Timber Company, Inc., and William George Henderson
January 14, 20112011 Ala. LEXIS 8
Summary
The court held that the trial court improperly instructed the jury on mechanical failure because the defendants presented no substantial evidence that a mechanical failure actually occurred. The error was prejudicial because the court could not determine that the verdict rested on an alternative ground, so it reversed the judgment and remanded for a new trial. Justice Murdock, dissenting, would have upheld the instruction because the jury could reasonably infer brake failure from Henderson's testimony that he set the brakes.