Ex Parte Smith

This case has been exhaustively reviewed on appeal and the facts have been repeatedly stated. The Court of Civil Appeals first reversed a judgment rendered on a jury verdict (Big ThreeMotors, Inc. v. Smith, 412 So.2d 1214 (Ala.Civ.App. 1980)); this Court granted certiorari and remanded the case to the Court of Civil Appeals (412 So.2d 1218 (Ala. 1981)). The Court of Civil Appeals, 412 So.2d 1219, has once again reversed the trial court, and this Court has again granted certiorari.

It has been established beyond any doubt and, in fact, it is not disputed, that Big Three Motors (Big Three)…