Legal Opinion · Dissent

Dolgen Corp. v. Hanks

Supreme Court of Alabama

Decided November 26, 1997No. 1961884Published

1DissentHooper, Chief Justice

I dissent from the denial of this petition for the writ of certiorari. The Court of Civil Appeals has not only improperly allowed the trial court to substitute its judgment for that of the jury but has also applied the incorrect standard for reviewing a grant of a new trial on the ground that the verdict is against the great weight and preponderance of the evidence.

Grace Hanks injured her knee when she slipped and fell at. a .Dollar General Store operated by Dolgen. Corporation. She and her husband, Merrill Hanks, sued Dolgen Corporation and its district manager, Gary Richardson (together…

2Cases cited9 opinions

  1. Cobb v. MaloneSupreme Court of Alabama · 1890
  2. Jawad v. GranadeSupreme Court of Alabama · 1986
  3. Ashbee v. BrockSupreme Court of Alabama · 1987
  4. Life Ins. Co. of Georgia v. JohnsonSupreme Court of Alabama · 1996
  5. Castleberry v. MorganAlabama Court of Appeals · 1938

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