Campbell v. KennedyAnnotate this Case
Eduard Kennedy sued Tomlin Construction, LLC, and its employee, Stuart McQuaid Campbell, Jr., seeking damages for personal injuries Kennedy suffered when the Plymouth Grand Voyager passenger van he was driving collided with a 2007 Caterpillar motor grader belonging to Tomlin Construction and being operated by Campbell; the accident occurred in a construction zone. The jury returned a verdict in favor of Kennedy, awarding him compensatory damages in the amount of $3,000,000. Campbell and Tomlin Construction filed a postjudgment motion for a judgment as a matter of law ("JML"), a new trial, or a remittitur of damages; the trial court denied that motion. Campbell and Tomlin Construction appealed. The Alabama Supreme Court found the trial court entered a very detailed order finding no flaw in the jury’s verdict; the Court concluded Campbell and Tomlin Construction presented nothing to undermine that order, and that the record supported denial of their motion for JML, new trial or remittitur. Accordingly, the Court affirmed the trial court’s order and the jury’s verdict.