Supreme Court of Alabama

Darryl Clayton v. Llb Timber Company, Inc., and William George Henderson

January 14, 20112011 Ala. LEXIS 8

Summary

The Alabama Supreme Court reversed the trial court’s judgment for LLB Timber and Henderson, holding that the jury instruction on mechanical failure was improper because the defendants offered no evidence that a mechanical failure occurred, and the error was not harmless. The Court remanded for a new trial. Justice Murdock dissented, arguing the instruction was permissible and the jury should decide credibility issues.