Nunn v. Whitworth ex rel. Whitworth

7 Citing cases

  1. 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.’

  2. 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.

  3. Williams v. BIC Corp.

    771 So. 2d 441 (Ala. 2000)   Cited 7 times
    Considering appellee's argument that the trial court erred by denying the appellee's motion for a judgment as a matter of law before considering appellant's argument that the jury was given erroneous instructions

    Citing Williams v. Woodman, 424 So.2d 611, 613 (Ala. 1982), Williams contends that this charge improperly permitted the jury to find in favor of BIC, notwithstanding that it may have found BIC to have been negligent, where a third party, and not the plaintiff, may also be guilty of negligence that contributes to cause the injury. Williams also maintains that this charge violates the rule that prevents the negligence of a parent from being imputed to the child. See Pilkington v. Peking Chinese Restaurant, 596 So.2d 586, 589 (Ala. 1992); Nunn v. Whitworth, 545 So.2d 766, 767 (Ala. 1989); Alabama Power Co. v. Taylor, 293 Ala. 484, 306 So.2d 236, 249 (1975). In BIC II, an action against BIC arising out of personal injury and death that occurred as a result of children's playing with a butane lighter, this Court wrote:

  4. Alabama Power Company v. Murray

    751 So. 2d 494 (Ala. 1999)   Cited 19 times
    In Alabama Power Co. v. Murray, 751 So. 2d 494 (Ala. 1999), the Murrays sued Alabama Power ("APCo") alleging that a massive power surge developed on APCo's power lines, bypassed APCo's "surge arrester," and caused a fire at the Murrays' house.

    "`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.'" Cain v. Mortgage Realty Co., 723 So.2d 631, 633 (Ala. 1998) (quoting Nunn v. Whitworth, 545 So.2d 766, 767 (Ala. 1989). "`Reversal is warranted only when the error is considered to be prejudicial.'"Id.

  5. American Nat. Fire Ins. Co. v. Hughes

    624 So. 2d 1362 (Ala. 1993)   Cited 45 times

    It is true that parties are "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). However, the trial court found sufficient evidence to create a jury question as to the existence of an accord and satisfaction or a release, and such evidence would also support the trial judge's decision to give jury instructions on the law of accord and satisfaction and release.

  6. Burlington Northern R. Co. v. Warren

    574 So. 2d 758 (Ala. 1991)   Cited 17 times
    Noting the court has long held misrepresentations are actionable even without fraudulent intent

    In Alabama "[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 appeal, this Court will "look to the entirety of the trial court's charge to see if there was reversible error." Nelms v. Allied Mills Co., 387 So.2d 152, 155 (Ala. 1980).

  7. Brooks v. Winn-Dixie of Montgomery, Inc.

    716 So. 2d 1203 (Ala. Civ. App. 1998)   Cited 3 times
    Affirming the trial court's denial of a Batson challenge as untimely where the challenge was made after the unselected members of the venire had been dismissed but before the selected jurors had been sworn

    An incorrect or misleading instruction may serve as a ground for ordering a new trial. Nunn v. Whitworth, 545 So.2d 766 (Ala. 1989). Rule 51, Ala. R. Civ. P., provides, in part: