Kane v. Edward J. Woerner & Sons, Inc.
| Court | Supreme Court of Alabama |
| Writing for the Court | STEAGALL; HORNSBY |
| Citation | 543 So.2d 693 |
| Parties | Edward KANE v. EDWARD J. WOERNER & SONS, INC., and Woerner Produce Company, Inc. 87-1265. |
| Decision Date | 21 April 1989 |
Page 693
v.
EDWARD J. WOERNER & SONS, INC., and Woerner Produce Company, Inc.
Thomas P. Williams and Bayless E. Biles of Wilkins, Bankester, Biles & Wynne, Bay Minette, for appellant.
Julian B. Brackin of Brackin & Bear, Foley, for appellees.
STEAGALL, Justice.
Edward Kane appeals from the trial court's order granting a new trial to defendant Woerner Produce Company, Inc. 1
This cause of action arose out of an oral agreement between Kane and Edward J. Woerner & Sons, Inc.; Lester J. Woerner, individually; and Woerner Produce Company, Inc., a corporation. Counts 1 and 2 of Kane's complaint alleged, respectively, negligence and willful and wanton performance of the aforementioned oral agreement to spray Kane's corn fields with pesticide. Counts 3 and 4 alleged, respectively, negligence and willful and wanton misconduct in the picking of Kane's corn crop. Prior to trial, Kane dismissed Lester J. Woerner as a defendant. The trial then proceeded on the merits. At the close of Kane's case-in-chief, Woerner & Sons and Woerner Produce moved for a directed verdict. At that time, Kane was ordered by the trial court to make an election as to which party defendant (Woerner & Sons or Woerner Produce) he wished to proceed against. The trial transcript reads:
"THE COURT:
"Before you get started, Mr. Wilkins, let me ask Mr. Brackin this, or either one of you really, there are two corporations here and I haven't heard any testimony, to my knowledge, to either particular corporation.
"MR. BRACKIN [for the defendants]:
"They keep calling us, quote, the Woerners.
"I have thought that, too, Judge, and they have never denominated--all they have referred to is 'the Woerners.' They have never mentioned Edward J. Woerner--
"THE COURT:
"I think one or the other is entitled to a directed verdict because the testimony that I have heard is just in 'Woerner.'
"Which one are y'all saying it was?
"MR. BILES [for Kane]:
"Edward J. Woerner and Sons, Incorporated.
Page 694
"THE COURT:
"I am going to grant the directed verdict as to all four of the counts of the amended complaint as to Woerner Produce Company, Inc. I don't think there is a scintilla of evidence at all about that particular corporation."
After granting the directed verdict in favor of Woerner Produce on all four counts, the trial court directed a verdict as to Woerner & Sons on counts 2 and 4, alleging willful and wanton misconduct. The trial court then proceeded, without objection, on counts 1 and 3 of Kane's original complaint. At the conclusion of all...
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Cottrell v. Nat. Collegiate Athletic Ass'n, No. 1041858.
...trial judge to be in error.'" Curtis v. Faulkner Univ., 575 So.2d 1064, 1066 (Ala.1991) (quoting Kane v. Edward J. Woerner & Sons, Inc., 543 So.2d 693, 694 I. Whether the trial court erred in its determinations with regard to the defamation claims. A. Cottrell's and Williams's classificatio......
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Whited v. State, CR–09–0909.
...be in error.’ " ' Hosea O. Weaver & Sons, Inc. v. Towner, 663 So.2d 892, 895 (Ala.1995) (quoting Kane v. Edward J. Woerner & Sons, Inc., 543 So.2d 693, 694 (Ala.1989), quoting in turn Hill v. Sherwood, 488 So.2d 1357 (Ala.1986) )."Ex parte Hall, 863 So.2d 1079, 1081–82 (Ala.2003)." ‘ "In or......
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Whited v. State, CR-09-0909
...error.'"' Hosea O. Weaver & Sons, Inc. v. Towner, 663 So. 2d 892, 895 (Ala. 1995)(quoting Kane v. Edward J.Page 13Woerner & Sons, Inc., 543 So. 2d 693, 694 (Ala. 1989), quoting in turn Hill v. Sherwood, 488 So. 2d 1357 (Ala. 1986))."Ex parte Hall, 863 So. 2d 1079, 1081-82 (Ala. 2003)."'"In ......
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Hutcherson v. State, CR–15–1166
...be in error.’ " ’ Hosea O. Weaver & Sons, Inc. v. Towner, 663 So.2d 892, 895 (Ala. 1995) (quoting Kane v. Edward J. Woerner & Sons, Inc., 543 So.2d 693, 694 (Ala. 1989), quoting 243 So.3d 863in turn Hill v. Sherwood, 488 So.2d 1357 (Ala. 1986) )." Ex parte Hall, 863 So.2d 1079, 1081–82 (Ala......
-
Cottrell v. Nat. Collegiate Athletic Ass'n, No. 1041858.
...trial judge to be in error.'" Curtis v. Faulkner Univ., 575 So.2d 1064, 1066 (Ala.1991) (quoting Kane v. Edward J. Woerner & Sons, Inc., 543 So.2d 693, 694 I. Whether the trial court erred in its determinations with regard to the defamation claims. A. Cottrell's and Williams's classificatio......
-
Whited v. State, CR–09–0909.
...be in error.’ " ' Hosea O. Weaver & Sons, Inc. v. Towner, 663 So.2d 892, 895 (Ala.1995) (quoting Kane v. Edward J. Woerner & Sons, Inc., 543 So.2d 693, 694 (Ala.1989), quoting in turn Hill v. Sherwood, 488 So.2d 1357 (Ala.1986) )."Ex parte Hall, 863 So.2d 1079, 1081–82 (Ala.2003)." ‘ "In or......
-
Whited v. State, CR-09-0909
...error.'"' Hosea O. Weaver & Sons, Inc. v. Towner, 663 So. 2d 892, 895 (Ala. 1995)(quoting Kane v. Edward J.Page 13Woerner & Sons, Inc., 543 So. 2d 693, 694 (Ala. 1989), quoting in turn Hill v. Sherwood, 488 So. 2d 1357 (Ala. 1986))."Ex parte Hall, 863 So. 2d 1079, 1081-82 (Ala. 2003)."'"In ......
-
Hutcherson v. State, CR–15–1166
...be in error.’ " ’ Hosea O. Weaver & Sons, Inc. v. Towner, 663 So.2d 892, 895 (Ala. 1995) (quoting Kane v. Edward J. Woerner & Sons, Inc., 543 So.2d 693, 694 (Ala. 1989), quoting 243 So.3d 863in turn Hill v. Sherwood, 488 So.2d 1357 (Ala. 1986) )." Ex parte Hall, 863 So.2d 1079, 1081–82 (Ala......