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Perdue v. Mitchell
Alabama Supreme Court
373 So. 2d 650 (1979)
- Written by Mary Phelan D'Isa, JD
Facts
Tillman and Patricia Perdue (the Perdues) (plaintiffs) filed suit against Eloise Smith and Robert Mitchell (defendants) for injuries they suffered when Smith’s car, which was being driven my Mitchell, collided with a van owned by the Perdues. Smith was not in her car at the time of the collision, and she denied that Mitchell had her permission to be driving her car when the accident occurred. Mitchell defaulted, and the trial court entered a directed verdict for Smith at the close of testimony. The Perdues appealed and argued that Smith was liable based on a theory of vicarious liability.
Rule of Law
Issue
Holding and Reasoning (Shores, J.)
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