Big Three Motors, Inc. v. Smith
Court of Civil Appeals of Alabama
1Opinion of the Court
BRADLEY, Judge.
This case is on remand from the supreme court, 412 So.2d 1218. The facts appear in our original opinion, 412 So.2d 1214. On original submission the sole issue raised was whether there was a scintilla of evidence to take the case to the jury on the issue of punitive damages. We held that there was insufficient evidence as to punitive damages and reversed.
In that opinion we were constrained to follow the supreme court’s opinion in Winn-Dixie Montgomery, Inc. v. Henderson, Ala., 371 So.2d 899 (1979) which set out a two-pronged test for punitive damages. That test is as follows:…
Also in this document: Concurrence.
2Cases cited6 opinions
- International Resorts, Inc. v. LambertSupreme Court of Alabama · 1977
- Winn-Dixie Montgomery, Inc. v. HendersonSupreme Court of Alabama · 1979
- Winn-Dixie Montgomery, Inc. v. HendersonSupreme Court of Alabama · 1981
- Proctor Agency, Inc. v. AndersonSupreme Court of Alabama · 1978
- Big Three Motors, Inc. v. SmithCourt of Civil Appeals of Alabama · 1980
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Taylor v. Moorman Mfg. Co.Supreme Court of Alabama · 1985
- Ex Parte SmithSupreme Court of Alabama · 1982
- Ex Parte LewisSupreme Court of Alabama · 1982
- Big Three Motors, Inc. v. SmithSupreme Court of Alabama · 1982
- Cooper Chevrolet, Inc. v. TaliaferroCourt of Civil Appeals of Alabama · 1983
3 more not listed; retrieve them via the Exa API.