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WHATABURGER, INC. V. ROCKWELL, 706 SO.2D 1220 (ALA.CIV.APP. 1997)

Patron sued restaurant to recover for injuries sustained in a fight there. Following jury trial, the Mobile Circuit Court, No. CV-95-541, J. Richmond Pearson, J., entered judgment for patron in the amount of $50,000 in compensatory damages. Restaurant appealed denials of its motions for summary judgment and directed verdict. The Court of Civil Appeals, Monroe, J., held that: (1) restaurant could not be held liable merely based on fact that fight occurred on its premises; (2) jury questions existed as to whether restaurant manager knew that a fight was about to break out and that plaintiff was in imminent danger, and as to whether restaurant owed duty to protect plaintiff from harm; (3) issues of whether restaurant was negligent and whether any such negligence proximately caused plaintiffs injuries were questions for jury; and (4) issue of whether plaintiff was contributorily negligent was likewise a jury question. Affirmed.
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