Legal Opinion

GOLD KIST, INC. v. Porter

Court of Civil Appeals of Alabama

Decided October 31, 2008No. 2060662Published

1Concurrence · MooreMoore, Judge

I fully concur in all portions of the main opinion except in regard to the discussion of the so-called pain exception to the schedule set out in Masterbrand Cabinets, Inc. v. Johnson, 984 So.2d 1136, 1144 (Ala.Civ.App.2005) (plurality opinion), aff'd, 984 So.2d 1146 (Ala.2007). Johnson is a plurality opinion that was authored by Judge Murdock when he was a member of this court; only Presiding Judge Crawley fully concurred in the main opinion. Plurality opinions have questionable precedential value at best. Ex parte Discount Foods, Inc., 789 So.2d 842, 845 (Ala.2001). See also Ex parte…

Also in this document: Concurrence · Bryan.

2Cases cited8 opinions

  1. Bell v. DriskillSupreme Court of Alabama · 1968
  2. Ex Parte Drummond Co., Inc.Supreme Court of Alabama · 2002
  3. Ex Parte Discount Foods, Inc.Supreme Court of Alabama · 2001
  4. Masterbrand Cabinets, Inc. v. JohnsonCourt of Civil Appeals of Alabama · 2005
  5. Ex Parte Walter AchenbachSupreme Court of Alabama · 2000

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