Legal Opinion · Dissent

Bailey v. Bean

Court of Civil Appeals of Alabama

Decided August 3, 2001No. 2000377Published

1DissentPittman, Judge

I respectfully dissent. Although I hon- or what this Court stated in Morgan v. Allstate Insurance Co., 749 So.2d 462 (Ala.Civ.App.1999), in which it held that the jury is entitled to draw reasonable inferences from the evidence, but is not entitled to ignore undisputed evidence, I do not believe that particular statement has any application to the instant case. I believe the evidence in this instant case is indeed disputed. Although Bailey presented no expert witnesses to refute Bean’s allegations regarding the injuries to her lower back and neck she incurred in the automobile accident, one…

2Cases cited7 opinions

  1. Nemec v. HarrisCourt of Civil Appeals of Alabama · 1988
  2. Brannon v. WebsterCourt of Civil Appeals of Alabama · 1990
  3. Smith v. WinklesCourt of Civil Appeals of Alabama · 1973
  4. Mitchell v. StateCourt of Civil Appeals of Alabama · 1984
  5. Watts v. PettwayCourt of Civil Appeals of Alabama · 1972

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