Austin v. Cox

523 So.2d 376 (1988)

Phillip Clark AUSTIN

v.

Daryl Dewayne COX.

86-916.

Supreme Court of Alabama.

April 1, 1988.

Frank R. Farish, Birmingham, for appellant.

Robert E. Cooper of Rives & Peterson, Birmingham, for appellee.

STEAGALL, Justice.

The plaintiff, Phillip Clark Austin, appeals from a denial of a motion for judgment notwithstanding the verdict or in the alternative, motion for new trial following a jury verdict finding that Austin's claim against the defendant, Daryl Dewayne Cox, for injuries received in an automobile accident was barred by accord and satisfaction.

In an earlier proceeding in this…