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Thedford v. Payne5/18/2001
Julia Payne, individually and as parent and next friend of Calvin L. Payne, Jr. ("Calvin"), sued Tommy Andre Thedford ("Tommy") and Beverly Thedford, individually and as parent and next friend of Tommy. In her complaint, Julia Payne alleged counts of negligence, negligent entrustment, and wantonness; she sought damages for an injury Calvin suffered as a result of an automobile accident caused, she alleged, by Tommy's negligence. The Thedfords answered and denied liability. In their answer, the Thedfords argued that Payne was not entitled to recover damages because Calvin was a guest in Tommy's automobile at the time of the accident, and, therefore, the Alabama Guest Statute, § 32-1- 2, Ala. Code 1975, barred recovery for Calvin's injury.
The Thedfords moved for a summary judgment; the trial court denied that motion. Before the trial, Calvin reached the age of majority; therefore, he filed an amended complaint to allege, in his own name, the claims contained in Julia Payne's complaint. The trial court dismissed Julia Payne as a plaintiff in the action. The case proceeded to a jury trial.
At trial, the Thedfords moved for judgments as a matter of law at both the close of Calvin's presentation of evidence and at the close of all of the evidence. The trial court denied the Thedfords' motions. The jury returned a verdict in favor of Calvin, awarding him $18,250 in damages. After the jury returned its verdict, the Thedfords filed a postjudgment motion seeking a judgment as a matter of law or, in the alternative, a new trial; the Thedfords filed that "postjudgment" motion before the trial court entered a judgment on the jury verdict. The trial court entered a judgment on the jury's verdict and then denied the Thedfords' "postjudgment" motion. The Thedfords appealed.
Calvin and Tommy have been best friends since their childhood. At the time of the accident that is the basis of this action, Calvin and Tommy were both 17 years old, both attended the same high school, and both played on their high school's football team. Tommy and Calvin each had an automobile and, at the time of the accident, each had been licensed to drive for approximately one year. Calvin and Tommy testified that they often rode together to school or to football practice, especially if one of their automobiles was inoperable.
In July 1997, Calvin's automobile was inoperable; he testified that during that time, he obtained rides from Tommy. After football practice on July 28, 1997, Calvin got into the passenger side of Tommy's automobile, and Tommy drove out of the school's parking lot. As he drove his automobile through the exit of the parking lot and onto a road leading to a nearby intersection, Tommy looked through the side window of his automobile. Tommy testified that when he again looked in front of the automobile, he realized an automobile in front of him was stopped. Tommy was unable to avoid the collision, and his automobile struck the rear of the stopped automobile. When the collision occurred, the air bags in Tommy's automobile deployed. The passenger-side air bag struck Calvin in the face and injured his right eye. Calvin testified that, as a result of the injury to his eye, he has a "blind spot" in the peripheral vision in his right eye.
At trial, Calvin testified that in July 1997, he had an arrangement with Tommy whereby he paid Tommy $2 or $3 to drive him to or from football practice. Tommy's lawyer cross-examined Calvin, pointing out that Calvin had testified in his deposition that he occasionally contributed money for gasoline if he rode with Tommy and that if either he or Tommy did not have transportation, the other would provide a ride out of friendship. It is undisputed tha
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