Nunn v. Whitworth ex rel. Whitworth

33 Citing cases

  1. Williams v. Coleman Co.

    NO. 4:11-cv-02384-RBP (N.D. Ala. Feb. 24, 2014)

    Under Alabama law, negligence of parent/custodian does not bar or reduce personal injury claim of the infant. Nunn v Whitworth, 545 So. 2d 766, 767 (1989); Bentley v Lawson, 191 So.2d 372, 376 (1966); Birmingham Elec. Co. v Kirkland, 118 So. 640, 643 (1928). Under Alabama law, test for assumption of the risk by an infant is at least as demanding as for contributory negligence.

  2. T&J White, LLC v. Williams

    375 So. 3d 1225 (Ala. 2022)   Cited 4 times

    "‘[A] party is entitled to proper jury instructions regarding the issues presented, and an incorrect or misleading charge may be the basis for the granting of a new trial.’ Nunn v. Whitworth, 545 So. 2d 766, 767 (Ala. 1989). If an objection to a jury charge is properly preserved for review on appeal, this Court will ’look to the entirety of the trial court’s charge to see if there was reversible error.’

  3. Goins v. Advanced Disposal Servs. Gulf Coast

    333 So. 3d 644 (Ala. 2021)   Cited 1 times

    It is well settled that "an incorrect or misleading charge may be the basis for the granting of a new trial." Nunn v. Whitworth, 545 So. 2d 766, 767 (Ala. 1989). Reversal of a judgment on the basis of the trial court's giving such an instruction, however, is warranted only when the error is prejudicial.

  4. Campbell v. Kennedy

    275 So. 3d 507 (Ala. 2018)   Cited 4 times

    " ‘[a] party is entitled to proper jury instructions regarding the issues presented, and an incorrect or misleading charge may be the basis for the granting of a new trial.’ Nunn v. Whitworth, 545 So.2d 766, 767 (Ala. 1989). If an objection to a jury charge is properly preserved for review on appeal, this Court will ‘look to the entirety of the trial court's charge to see if there was reversible error.’

  5. CNH America, LLC v. Ligon Capital, LLC

    160 So. 3d 1195 (Ala. 2013)   Cited 17 times
    Listing the four elements of a fraudulent suppression claim

    An incorrect, misleading, erroneous, or prejudicial charge may form the basis for granting a new trial. See, Nunn v. Whitworth, 545 So.2d 766 (Ala.1989). However, the refusal of a requested, written instruction, although a correct statement of the law, is not cause for reversal on appeal if it appears that the same rule of law was substantially and fairly given to the jury in the trial court's oral charge.

  6. CSX Transportation, Inc. v. Miller

    46 So. 3d 434 (Ala. 2010)   Cited 20 times

    An incorrect, misleading, erroneous, or prejudicial charge may form the basis for granting a new trial. See, Nunn v. Whitworth, 545 So.2d 766 (Ala. 1989). However, the refusal of a requested, written instruction, although a correct statement of the law, is not cause for reversal on appeal if it appears that the same rule of law was substantially and fairly given to the jury in the trial court's oral charge.

  7. Henriksen v. Roth

    12 So. 3d 652 (Ala. 2008)   Cited 5 times
    Leaving the question open

    An incorrect, misleading, erroneous, or prejudicial charge may form the basis for granting a new trial. See Nunn v. Whitworth, 545 So.2d 766 (Ala. 1989)."

  8. Southeast Environmental Infrastructures v. Rivers

    12 So. 3d 32 (Ala. 2008)   Cited 27 times
    Holding that, after the trial court entered an order denying the defendant’s postjudgment request for a new trial, a judgment as a matter of law in its favor, or a remittitur, the trial court lost jurisdiction over the action

    An incorrect, misleading, erroneous, or prejudicial charge may form the basis for granting a new trial. See, Nunn v. Whitworth, 545 So.2d 766 (Ala. 1989). However, the refusal of a requested, written instruction, although a correct statement of the law, is not cause for reversal on appeal if it appears that the same rule of law was substantially and fairly given to the jury in the trial court's oral charge.

  9. Indus. Technologies v. Jacobs Bank

    872 So. 2d 819 (Ala. 2003)   Cited 13 times
    Reinstating $250,000 punitive damages award and discussing jury awards in conversion cases

    Of course, "'[a] party is entitled to proper jury instructions regarding the issues presented, and an incorrect or misleading charge may be the basis of the granting of a new trial.'" H.R.H. Metals, Inc. v. Miller, 833 So.2d 18, 28 (Ala. 2002) (quoting Nunn v. Whitworth, 545 So.2d 766, 767 (Ala. 1989)). In other words, the remedy for a trial court's having given an improper jury instruction is a new trial, not a JML.

  10. H.R.H. Metals, Inc. v. Miller

    833 So. 2d 18 (Ala. 2002)   Cited 59 times
    Holding that an injured subcontractor was a third-party beneficiary to the general contractor's building contract because it expressly provided that the general contractor was to "maintain its own safety and health program for its employees, subcontractors, and agents sufficient to prevent injury or illness to such persons resulting from their presence on the Vulcan premises"

    "A party is entitled to proper jury instructions regarding the issues presented, and an incorrect or misleading charge may be the basis of the granting of a new trial." Nunn v. Whitworth, 545 So.2d 766, 767 (Ala. 1989). However, "[r]eversal is warranted only when the error is considered to be prejudicial."