Supreme Court of Alabama
Jessica Eastman, as Dependent Widow of David Bentley, and on Behalf of David Bentley's Three Minor Children v. R…
August 30, 20132013 Ala. LEXIS 99
Summary
The Alabama Supreme Court affirmed the judgment for R. Warehousing, holding that the trial court properly denied the plaintiff’s motion for judgment on the pleadings because substantial evidence existed to submit the loaned‑servant issue to the jury, and that the plaintiff’s claim for a new trial based on alleged collateral‑source rule violation failed because no error was preserved. Justice Murdoch filed a special concurrence agreeing with the affirmance but cautioning that the loaned‑servant defense does not create a tort cause of action against R. Warehousing.