Austin v. Shoneys, Inc.

By Judge Everett A. Martin, Jr.

This case was tried to a jury on November 15, 16, 17, and 20. At the conclusion of the plaintiffs evidence, the defendant made a motion to strike which was overruled. At the conclusion of all the evidence the defendant renewed its motion to strike which was taken under advisement. The case was sent to the jury, and after several hours of deliberation the jury reported that they were divided. With agreement [of counsel], I gave the jury the Allen charge and I requested that they continue to deliberate. They did so, but they reported sometime later they were…