Mitchell's Contracting Service, LLC v. GleasonAnnotate this Case
Mitchell's Contracting Service, LLC ("Mitchell"), appealed a circuit court’s denial of Mitchell's renewed motion for a judgment as a matter of law or for a new trial in a wrongful-death action brought by Robert Guy Gleason, Sr., as the administrator of the estate of Lorena Gleason, deceased. Two of Mitchell’s employees were driving dump trucks when one of the trucks caused Lorena’s vehicle to leave the road, where it collided with a tree, resulting in her death. Gleason asserted claims against Mitchell based on vicarious liability for Pettway's or Turner's negligent and wanton acts and omissions. A jury returned a verdict in favor of Gleason for $2.5 million. Based on all the circumstances, the Alabama Supreme Court concluded the trial court exceeded its discretion in refusing Mitchell's request for a continuance. Accordingly, the trial court's judgment was reversed and the matter remanded for a new trial.