# Aplin v. Tew

> Supreme Court of Alabama · June 21, 2002 · 839 So. 2d 635

URL: https://www.frixlaw.com/law-library/cases/9936725

## Case

- **Full name:** Jeffrey Daniel Aplin v. Terry Tew and Debbie Tew.
- **Court:** Supreme Court of Alabama
- **Decided:** June 21, 2002
- **Citations:** 839 So. 2d 635; 2002 WL 1353357
- **Precedential status:** Published
- **Opinion:** Dissent by Woodall
- **Judges:** Lyons, Woodall
- **Cited by:** 5 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/9936725

## Opinion text

I do not agree with the majority's conclusion that "The fact that Aplin did not contemplate the specific means of ignition does not save him from a finding that he was contributorily negligent as a matter of law." 839 So.2d at 639. Instead, I believe that that fact precludes the finding, required to establish contributory negligence as a matter of law, that Aplin had a conscious appreciation of the danger at the moment the incident occurred. Therefore, I respectfully dissent.
JOHNSTONE, J., concurs. *Page 640

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9936725. Public record. Not legal advice.