Burns v. Martin

ON APPLICATION FOR REHEARING

ALMON, Justice.

On application for rehearing, Martin and Graben argue that our analysis of whether Burns preserved her objection to the “sudden emergency” charge is inconsistent with McElmurry v. Uniroyal, Inc., 531 So.2d 859 (Ala.1988). In that case, McElmurry “objected generally to the proposed charge during a pre-charge conference,” 531 So.2d at 859. He never made a specific objection, either before or after the charge was given.

In Gray v. Mobile Greyhound Park, Ltd., 370 So.2d 1384 (Ala.1979), Gray’s at*150torney made a specific objection during a charge conference…