PETTIBONE V. TYSON, 794 SO.2D 377 (ALA. 2001)

Van driver sued employer's lead maintenance technician, alleging that technician's failure to repair van's brakes was a willful removal of a safety device. The Baldwin Circuit Court, No. CV-97-871, Jacquelyn L. Stuart, J., entered judgment on jury verdict for technician. Driver appealed. The Supreme Court, Johnstone, J., held that greater scienter requirement of "intent to injure" should not have been incorporated into jury charge. Reversed and remanded.