Porter v. State Farm Mutual Automobile Insurance

This appeal challenges the legal accuracy of a portion of the Trial Court’s oral instruction to the jury. The record on appeal was structured in accordance with appellant’s “designations” which omit the transcript of the evidence.

While this Court has reviewed the propriety of a trial court’s jury charge absent a record of the evidence (see H. W. Peerson Drilling Company v. Scoggins, 261 Ala. 284, 74 So.2d 450 (1954)1), it has declined to do so in those instances where the validity of the challenged instruction is necessarily dependent upon the evidentiary context in which it arose. Ellard v.…