Opinion
1960311, 1960332.
September 19, 1997.
Petitions for Writ of Certiorari to the Court of Civil Appeals (Lauderdale Circuit Court, CV-93-429; Court of Civil Appeals, 2950875); Donald H. Patterson, Judge.
J. Michael Tanner and Albert J. Trousdale II of Ashe, Tanner, Moore Wright, P.C., Tuscumbia, for petitioner J.H. McClanahan.
James H. Richardson and J. Brian Slaughter of Bell Richardson, P.A., Huntsville, for petitioner Multivac, Inc.
G. Whit Drake of Emond Vines, Birmingham, for respondents Jesse Dwayne Haddock and Teresa Lynn Haddock.
WRITS QUASHED AS IMPROVIDENTLY GRANTED.
HOOPER, C.J., and ALMON, KENNEDY, COOK, and BUTTS, JJ., concur.
HOUSTON, J., concurs in case no. 1960332 and dissents in case no. 1960311.
MADDOX and SEE, JJ., dissent.
I concur in quashing the writ issued on the petition of Multivac, Inc.; however, I dissent from the order quashing the writ issued on the petition of J.H. McClanahan. The plaintiff did not present sufficient evidence that McClanahan knowingly removed or bypassed the safety device.