Opinion

Brown v. Alfa Mutual Insurance

727 So. 2d 95
1998 Ala. Civ. App. LEXIS 90
1998 WL 32581

Court: Court of Civil Appeals of Alabama
Filed: Jan 30, 1998
Status: Published
Author: Robertson
On the bench: Monroe, Thompson, Robertson, Crawley
Cited by: 0 cases
Authority: More cited than 0.7%

The opinion

ROBERTSON, Presiding Judge,

concurring specially.

I concur in the affirmance. I write specially to add that even were we to agree with Brown that the trial court erroneously instructed the jury concerning the burden of proof for assessment of punitive damages, any such error would not, pursuant to Rule 45, Ala.R.App.P., constitute a basis for reversal because the jury in this ease rendered a verdict in favor of Alfa. “[SJince [the allegedly] erroneous charge concerned the measure of damages, it was harmless because the jury’s verdict was in favor of the defendant.” McCullough v. Louisville & N.R.R., 396 So.2d 683, 685 (Ala.1981).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.