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LANCE, INC. V. RAMANAUSKAS, 731 SO.2D 1204 (ALA. 1999).

Parents brought wrongful death action against distributor of vending machines, hotel where machine was located, and machine owner, after their child was electrocuted while attempting to purchase snack from machine. The Mobile Circuit Court, No. CV-95-4253, Chris N. Galanos, J., entered judgment on jury verdict against distributor in the amount of $13,000,000, and denied distributor's post-trial motion for a new trial, for a judgment as a matter of law, for a remittitur, or to alter, amend, or vacate the judgment. Distributor appealed. The Supreme Court, Lyons, J., held that: (1) evidence supporting submission of the question of foreseeability to the jury; (2) issue of whether distributor was guilty of conduct which was carried on with a reckless or conscious disregard of the rights or safety of others, was question for jury; (3) distributor was not entitled to new trial on the basis of lack of a unanimous verdict; (4) counsel's comments during opening and closing statement were improper comment on the value of a particular life; and (5) excessive jury award was subject to remittitur. Affirmed conditionally.
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