Asaro v. Kmart, Inc.

I agree that this case should be remanded for a new trial, but I disagree with the majority as to the reason that it must be remanded and, therefore, as to the anticipated focus of the proceedings on remand.

In Kmart, Inc. v. Asaro, 751 So.2d 513 (Ala.Civ.App.1999) (“Asaro I”), this court remanded this case to the trial court for a new trial on Asaro’s fraud claim. As this court wrote:

“Asaro’s evidence disclosed that during her attorney’s discussion with Stonecy-pher regarding the worthless check, a compromise was reached by which Kmart would be satisfied with payment through bankruptcy…