![]() APCo appealed, contending that the trial court erred in denying its motion for a JML. The trial court entered a judgment in favor of Moore in the amount of $2,200,000 2 and denied APCo's renewed motion for a JML, a remittitur, or, in the alternative, a new trial. The jury awarded Moore $1,000,000 compensatory damages and $2,000,000 punitive damages. ![]() The trial court denied the motion and submitted the negligence and wantonness claims to the jury. It further contended that the intentional destruction of the guy wire was unforeseeable and that Moore's conduct constituted an intervening cause, which broke the chain of proximate causation. More specifically, it contended that Moore was guilty of contributory negligence as a matter of law for breaking the guy wire. 1 At the close of all the evidence, APCo moved for a judgment as a matter of law (“JML”). Moore sued APCo and others, alleging negligence and wantonness, and a jury trial began on April 21, 2003. Moore was electrocuted when the electricity conducted by the stinger wire traveled down the guy wire while Moore was holding the guy wire in his hand. Loosed from its anchor, the guy wire sagged and touched an electrified “stinger wire” that ran a few inches beneath the guy wire near the top of the electrical pole. Using his own hand tools, Moore broke the guy wire from its anchor. Upon inspection, Moore discovered that he had inadvertently parked the car atop the anchored end of an unmarked guy wire, which supported an electrical pole owned and maintained by APCo, and that his car was hung on the guy wire. In attempting to drive out of the parking lot, however, he noticed for the first time that his car was stuck on something. He left the car and went into the restaurant.Īfter dining, Moore returned to his car. However, because there was no curb at the edge of the parking lot, Moore drove his car a few feet beyond the edge of the pavement onto a flat, grassy area. He found a marked parking space at the edge of the pavement of the parking lot of the restaurant. On the evening of February 25, 2001, Moore drove his automobile to a restaurant in Montgomery. Crow of Jinks, Daniel & Crow, P.C., Union Springs, for appellee.Īlabama Power Company (“APCo”) appeals from a judgment entered on a jury verdict, awarding David Moore compensation for injuries he sustained when he came into contact with an electrified guy wire, as well as punitive damages. Boone of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., Montgomery and Lynn W. McGowan of Gray, Langford, Sapp, McGowan, Gray & Nathanson, Tuskegee, for appellant. ![]() Culpepper, Jr., of Balch & Bingham, LLP, Montgomery and Walter E. Haden of Balch & Bingham, LLP, Birmingham Sterling G. ![]()
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