Stuart McQuaid Campbell, Jr., and Tomlin Construction, LLC v. Eduard David Evans Kennedy

Summary

The Supreme Court of Alabama affirmed a judgment awarding Kennedy $3,000,000 in compensatory damages after his van collided with a motor grader operated by Campbell in a construction zone. The court held that conflicting evidence concerning the motor grader's position, signals, construction activity, and Kennedy's decision to cross the double-yellow line properly left contributory negligence for the jury; it also upheld the spoliation instruction and found no basis to disturb the damages award. The court concluded that the defendants failed to show a flawed verdict, prejudicial instructional error, or an abuse of discretion.