Brown v. Old South Freight Service, Inc.

STEAGALL, Justice.

On April 4,1989, Hershel Ray Brown, an employee of Gulf States Steel, Inc. (“Gulf States”), was injured when a truck driven by Doyle Smothers collided with the Gulf States railroad car on which Brown was riding. On August 18,1989, Brown and his wife, Kimberly, sued Smothers; Old South Freight Service, Inc. (“Old South”), the owner of the truck; and Neely Truck Lines, Inc. (“Neely”), purportedly the entity for which Smothers was transporting a load of steel, alleging that their wantonness and negligence had caused Brown’s injuries.1 Relying on the affidavits of Rex Raines,…