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.