Durden v. Gaither

MADDOX, Justice.

This appeal is from a judgment in favor of the plaintiff in a personal injury lawsuit. The defendant contends that a directed verdict should have been granted because, he says, as a matter of law, the plaintiff failed to establish that the defendant’s negligence was the proximate cause of the plaintiff’s injuries, and because, he says, as a matter of law, the plaintiff was guilty of contributory negligence.

The plaintiff, Ronald Gaither, was employed as a produce clerk at a Winn-Dixie grocery store in Alexander City, Alabama. Part of his responsibility in the produce department…