Clayton v. LLB TIMBER CO., INC.

Darryl Clayton cites the “notes on use” to Alabama Pattern Jury Instructions: Civil § 26.14 (2d ed.1993), which state that a mechanical-failure instruction is: “To be used in cases where defendant offers evidence of mechanical failure as a defense to the action.” The jury did have evidence indicating that a mechanical failure must have been the cause of the incident at issue. The incident could only have been the result of one of two occurrences: a mechanical failure of the brakes or a failure by Henderson to properly set those brakes, and Henderson testified that he *289set the brakes properly.2…