Gardner v. Bethea

Decision Date10 November 1978
Citation364 So.2d 308
PartiesHenry E. GARDNER et al. v. Malcolm BETHEA et al. 77-465, 77-466.
CourtAlabama Supreme Court

Appeal from Circuit Court, Jefferson County; Thomas E. Huey, Jr., judge.

E. Ray Large, Birmingham, for appellants.

BEATTY, Justice.

Reversed and remanded on the authority of Grantham v. Denke, 359 So.2d 785 (Ala., 1978).

REVERSED AND REMANDED.

BLOODWORTH, FAULKNER, JONES, ALMON, SHORES and EMBRY, JJ., concur.

TORBERT, C. J., and MADDOX, J., concur specially.

MADDOX, Justice (concurring specially).

I concur Only because Grantham v. Denke, 359 So.2d 785 (Ala., 1978) does control. I registered my dissenting views in Grantham v. Denke, at length. I failed to persuade a majority of the Court in that case that it had erred; therefore, Grantham v. Denke is the law of this state, At this time. Unless and until Grantham is revisited, an event not likely to occur within the foreseeable future, I see no justifiable reason to continue to register my dissenting views. I reserve the right, however, to overrule Grantham, if, and when, I can persuade a sufficient number of justices on this Court that Grantham is wrong.

TORBERT, C. J., concurs.

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1 cases
  • Fireman's Fund American Ins. Co. v. Coleman
    • United States
    • Alabama Supreme Court
    • August 8, 1980
    ...here. Grantham was followed in Pipkin v. Southern Electrical & Pipefitting Co., Inc., 358 So.2d 1015 (Ala.1978), and Gardner v. Bethea, 364 So.2d 308 (Ala.1978). II We now determine the liability of the individual defendants David Logan, Mark Holt, George Kennedy, and Shelby David Logan was......

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