Whataburger, Inc. v. Rockwell

I believe that the trial court should have granted a directed verdict in favor of Whataburger. In order to properly support his negligence claim against Whataburger, Rockwell must have established that the defendant owed him a duty of care, that the defendant breached that duty, that Rockwell suffered loss or injury, and that the defendant's negligence was the actual and proximate cause of that loss or injury. John R. Cowley Bros., Inc. v. Brown, 569 So.2d 375 (Ala. 1990).

The dispositive issue in deciding whether a directed verdict should have been granted by the trial court is whether…