Hosea O. Weaver & Sons, Inc. v. Balch

The opinion of June 28, 2013, is withdrawn, and the following is substituted therefor.

Hosea O. Weaver and Sons, Inc. (“Weaver”), appeals the judgment entered on a jury verdict in favor of Ira W. Balch, as personal representative of the estate of Danny E. Balch, deceased, and Melvin R. Balch, as personal representative of the estates of Bernard R. Balch, deceased, and Armie Butler Balch, deceased (hereinafter referred to collectively as “the Balch personal representatives”). We reverse the judgment and render a judgment for Weaver.

Facts and Procedural History

In March 2001, the Alabama…