# Brown v. Alfa Mutual Insurance

> Court of Civil Appeals of Alabama · January 30, 1998 · 727 So. 2d 95

URL: https://www.frixlaw.com/law-library/cases/7720293

## Case

- **Full name:** Frederick O. Brown, Jr. v. Alfa Mutual Insurance Company.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** January 30, 1998
- **Citations:** 727 So. 2d 95; 1998 Ala. Civ. App. LEXIS 90; 1998 WL 32581
- **Precedential status:** Published
- **Opinion:** Concurrence by Robertson
- **Judges:** Monroe, Thompson, Robertson, Crawley
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7720293

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7720293. Public record. Not legal advice.