FLAGSTAR ENTERPRISES, INC. v. Bludsworth

ON APPLICATION FOR REHEARING

This court's original opinion, dated October 11, 1996, is withdrawn, and the following is substituted therefor:

Vic Bludsworth filed an action against Flagstar Enterprises, Inc., d/b/a Hardee's, alleging negligence and wantonness for injuries that he sustained while visiting one of Flagstar's Hardee's restaurants, in Elba, Alabama. A jury trial ensued. At the close of Bludsworth's case, Flagstar made a motion for a directed verdict. The trial court entered a directed verdict in favor of Flagstar on the wantonness claim and denied a directed verdict on the negligence…