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Perdue v. Mitchell

373 So. 2d 650 (1979)

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Perdue v. Mitchell

Alabama Supreme Court

373 So. 2d 650 (1979)

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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