Marsh v. Green

I agree that the judgment is due to be reversed and the case remanded for a new trial, because of the court's refusal to charge the jury on the law of combining and concurring negligence. However, the majority does not stop there, but goes on to overrule — in a most summary fashion — American Legion Post No. 57 v. Leahey, 681 So.2d 1337 (Ala. 1996). It does so in order to invigorate Ala. Code 1975, §6-5-545, which was all but dead after this Court, only four years ago inLeahey, declared its counterpart, Ala. Code 1975, § 12-21-45, to be unconstitutional.

Section 12-21-45 provided in pertinent…