Coleman v. Smith

YATES, Presiding Judge.

Benjamin Wayne Coleman, by his mother and next friend, Leda Coleman,1 sued Jessie Boyd Smith on August 4, 2000, seeking to recover damages for injuries he sustained in an automobile accident. The case proceeded to trial on October 6, 2003. Smith moved the court for a preverdict judgment as a matter of law (“JML”) at *730the close of the evidence, which the trial court granted. Coleman appeals. This case was transferred to this court by the supreme court, pursuant to § 12-2-7(6), Ala.Code 1975.

Our supreme court has stated:

“When reviewing a ruling on a motion for a JML, this…