Opinion
1012184.
May 21, 2004.
Appeal from Jefferson Circuit Court (CV-99-4788); Tennant M. Smallwood, Jr., Judge.
Albert L. Jordan and Michael L. Jackson of Wallace, Jordan Ratliff Brandt, L.L.C., Birmingham; and Andrew P. Campbell and Wendy T. Tunstill of Campbell, Waller Poer, L.L.C., Birmingham, for appellant.
Ted Taylor, Leah O. Taylor, and Rhonda P. Chambers of Taylor Taylor, Birmingham, for appellees.
Note from the reporter of decisions: A cross-appeal, case no. 1012229, was filed in this case, styled "Nell Beauchamp, individually and as executrix of the estate of Minnie Rae Cauthen, deceased; and Myrtle Syrgley v. SCI Alabama Funeral Services, Inc., d/b/a Ridout's-Brown Service Chapels." The judgment in the cross-appeal was also affirmed without opinion on May 21, 2004. That action will appear in a table of decisions without opinions.
See Rule 53(a)(1) and (a)(2)(B) and (F), Ala. R.App. P.
HOUSTON, LYONS, BROWN, HARWOOD, WOODALL, and STUART JJ., concur.
SEE, J., concurs in part and dissents in part.
I concur in affirming the judgment of the trial court as to the negligence and the wantonness claims of the plaintiffs, Nell Beauchamp and Myrtice Srygley, and as to the amount of the compensatory damages awarded them. However, I dissent from the affirmance of the trial court's holding that the conduct of the defendant, SCI Alabama Funeral Services, Inc., satisfies the elements of the tort of outrage. I also dissent from the affirmance of the punitive-damages award, which I consider to be excessive.