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SHONEY'S11/14/1997
Shoney's, Inc. (restaurant), appeals from a judgment based on a jury verdict in favor of Albert Lee Pasley. This case is before this court pursuant to § 12-2-7(6), Ala. Code 1975.
Albert Lee Pasley filed a complaint against the restaurant, seeking compensatory and punitive damages for the restaurant's alleged
negligence and/or wantonness in serving him a glass of sodium hypochlorite bleach. We would note that Pasley named other defendants in his complaint. Those defendants, however, are not germane to this appeal.
The complaint alleged the following: Pasley entered the restaurant on October 25, 1994; he ordered a meal and requested a glass of water with his meal. An employee of the restaurant served Pasley a glass of bleach. After drinking a portion of the bleach, Pasley immediately began to experience a burning sensation in his mouth, his throat, and his esophagus. Pasley requested to use the restaurant's telephone to call the poison control center. The employees, however, refused to let Pasley use the telephone. Pasley stated that as a result of his drinking the bleach, he suffered injuries to his mouth, his throat, his esophagus, and other internal organs; that his preexisting medical conditions became aggravated and exacerbated; and that he suffered anxiety, fear, and mental anguish.
The case proceeded to trial in February 1997. The jury returned a verdict in favor of Pasley and awarded him compensatory damages in the amount of $75,000. The trial court entered a judgment based on that verdict. Thereafter, the restaurant filed a motion for a judgment notwithstanding the verdict (JNOV) or, in the alternative, for a new trial. The trial court, following a hearing, denied that motion.
The restaurant appeals, asserting four grounds for reversal.
I. Batson Challenge
The restaurant initially contends that the trial court committed reversible error in not sustaining its Batson challenges of the following jurors: number 3 (Herbert Alexander), number 24 (John C. Calhoun), and number 169 (Susan White).
In Johnson v. City of Decatur, 686 So.2d 314, 315-16 (Ala. Civ. App. 1996), this court stated the following well-settled law regarding a Batson challenge:
"The principles of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), are applicable to civil actions. K.S. v. Carr, 618 So.2d 707 (Ala. 1993).The person alleging a Batson violation must first establish a prima facie case of discrimination. K.S. v. Carr. Once a prima facie case is established, there is a presumption of discrimination. K.S. v. Carr. The responding party must then give a 'clear, specific, and legitimate reason for the challenge that relates to the particular case to be tried and that is nondiscriminatory.' K.S. v. Carr. Once the responding party has given a race-neutral explanation for the challenge, the moving party can then offer evidence showing that the explanation is merely a sham. K.S. v. Carr.
"The decision of the trial court regarding a Batson challenge is given great deference. Allen v. State, 555 So.2d 1185 (Ala.Crim.App. 1989). This is because the trial court is in a better position to distinguish between bona fide reasons and sham excuses. Allen. When the trial court has followed the proper procedure, its determination will be overturned only if it appears to be clearly erroneous. K.S. v. Carr."
Our review of the record reveals the following: Pasley, the plaintiff, is white. During the jury selection process, Pasley exercised his peremptory challenges to strike eleven whites from the jury panel. The restaurant made a reverse-Batson objection to six of the eleven strikes. At the t
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