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Daniels v. East Alabama Paving Inc.6/4/1999
the trial court correctly determined that there was no basis for finding that the jury's awards were the result of bias, passion, prejudice, or other improper motive. Therefore, the issue whether compensatory damages are recoverable for mental anguish arising out of a wrongful death is not properly before this Court. See, e.g., General Elec. Credit Corp. v. Alford & Assocs., 374 So. 2d 1316, 1321 (Ala. 1979).
Maddox, J., concurs.
KENNEDY, Justice (concurring in the holdings).
I concur in the main opinion except as to those statements in that opinion indicating that most of the verdicts are "high," that one of them is "very, very high," and that the verdicts border on being excessive. I express no opinion in that regard other than my belief that the verdicts are sufficiently supported by the evidence.
JOHNSTONE, Justice (concurring in part and Dissenting in part).
I concur with the majority in the holding of liability on the theory of negligence and in the treatment of the damages issues. While I Dissent from the affirmance of the JML dismissing the plaintiffs' alternate theory of wantonness inasmuch as the evidence seems sufficient to present a jury question on wantonness, nonetheless, the jury verdicts, as reinstated by this Court, grant the plaintiffs all the relief they are due, no more and no less.
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