Legal Opinion · Concurrence

Brown v. First Federal Bank

Court of Civil Appeals of Alabama

Decided February 10, 2012No. 2100921Published

1ConcurrencePittman, Judge

I concur in that portion of the opinion affirming the trial court’s judgment. As to the reversal of the trial court’s judgment concerning Geanie Shannon Brown’s wantonness claim against Jerry Dewayne Brown, I concur in the result. The logic of the principle that bars compensability of mental-anguish damages in a negligence context when no physical injury or immediate risk of physical injury is shown by that plaintiff, a principle most notably summarized by the supreme court in ABA-LAR, Ltd. v. Francis, 716 So.2d 1141,1148 (Ala.1998), arguably has the same force in a wantonness context — after…

2Cases cited3 opinions

  1. AALAR, Ltd., Inc. v. FrancisSupreme Court of Alabama · 1998
  2. Birmingham Coal Coke Co., Inc. v. JohnsonSupreme Court of Alabama · 2008
  3. Boyd v. Wal-Mart Stores, Inc.Court of Civil Appeals of Alabama · 1997

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