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NEGLIGENCE & SUFFICIENCY OF EVIDENCE - JIM BISHOP CHEVROLET-BUICK-PONTIAC-GMC, INC. V. BURDEN

Jim Bishop Chevrolet-Buick-Pontiac-GMC, Inc. v. Burden, [Ms. 1141231, May 6, 2016] __ So. 3d __ (Ala. 2016). Here, the Court reverses and renders jury verdicts for Mr. Burden and his wife in the amount of $132,500 for personal injuries and loss of consortium following a fire which occurred in a Chevrolet pickup truck purchased new from the dealership. While plaintiffs presented evidence of repeated visits and requests for diagnosis and repair of the source of a burning smell, the Court found plaintiffs presented no evidence of the standard of care owed by the dealership or of any breach of that standard in failing to accurately diagnose or repair the cause of the smell. Absent expert testimony or some other evidence establishing the standard of care and its breach, the trial court erred in failing to grant the dealership’s pre-verdict and renewed motions for JML.
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