Kane v. Edward J. Woerner & Sons, Inc.
Decision Date | 21 April 1989 |
Citation | 543 So.2d 693 |
Court | Alabama Supreme Court |
Parties | Edward KANE v. EDWARD J. WOERNER & SONS, INC., and Woerner Produce Company, Inc. 87-1265. |
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.
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:
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 the evidence, Woerner & Sons moved for a directed verdict, which was granted. The trial court stated:
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