Swan v. Magnusson

Clinton D. Swan appeals from a summary judgment entered in favor of the defendants Joe Ed and Inge Wurbs Magnusson. We reverse.

In 1968, the minor daughter of Swan died as a result of internal injuries she received in an automobile accident involving an automobile operated by Joe Ed Magnusson. Swan brought suit against Magnusson in the Circuit Court of Jefferson County. The trial of that action resulted in entry of judgment awarding him the sum of $50,000 as damages.

On appeal, that judgment was affirmed. Magnusson v. Swan,291 Ala. 151, 279 So.2d 422 (1973). Subsequently, a certificate of…