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General Motors Corp. v. Jernigan12/12/2003
General Motors Corporation ("GM") appeals from a judgment entered on a jury verdict in favor of Wilbert Jernigan, individually and as father and next friend of Jeffrey Jernigan, a minor child (the father is hereinafter referred to as "Jernigan"), and from the trial court's order denying its postjudgment motion. We affirm in part, reverse in part, and remand.
I. Facts and Procedural History
A. Overview
On December 10, 1999, Jeffrey Jernigan and his older brother Nickolas Jernigan were involved in an automobile accident. Nickolas, who was 17 years old, was driving a 1993 Oldsmobile Delta 88 automobile ("the Oldsmobile") owned by Jernigan. Jeffrey, who was 12 years old, was a passenger in the front seat of the Oldsmobile. Both boys were wearing their seat belts. The Oldsmobile, traveling at a speed of 50 to 55 miles per hour, crashed into an oncoming 2000 Pontiac Grand Prix automobile ("the Pontiac") traveling at approximately the same speed.
The right front corners of both automobiles took the brunt of the impact. In this offset frontal (almost head-on) collision, the Oldsmobile's right front structures crushed toward Jeffrey, striking his head and pinning his feet in the wreckage. He was thrown forward and sustained grave injuries, primarily a skull fracture that required surgical removal of a portion of the left frontal lobe of his brain, resulting in permanent and severe brain damage, personality changes, and learning deficits; he also sustained a second-degree burn to his left foot. Neither Nickolas nor the driver of the Pontiac sustained serious injuries.
Jernigan sued GM and other defendants, seeking compensatory and punitive damages individually and on behalf of Jeffrey based upon the Alabama Extended Manufacturer's Liability Doctrine ("the AEMLD"). The case was tried before a jury from April 22 to May 2, 2002. The jury returned a verdict in favor of Jernigan, awarding $20 million in compensatory damages to Jernigan on behalf of Jeffrey, $2 million in compensatory damages to Jernigan, individually, and $100 million in punitive damages. The trial court entered a judgment on the verdict. GM filed a postjudgment motion renewing previously filed motions for a judgment as a matter of law ("JML"), requesting a new trial, or, alternatively, requesting a remittitur of the damages awards.
The trial court remitted the punitive-damages award to $60 million (three times the compensatory damages awarded on Jeffrey's behalf as required by ยง 6-11-21(a), Ala. Code 1975), but otherwise denied the postjudgment motion. GM appealed.
B. Venue and Recusal
Jernigan filed his action in the Bullock Circuit Court. He was a police officer in Bullock County for 20 years before he was elected the county's circuit clerk, a position he held when the case was tried. Jernigan and his family were known and respected in the community.
Jernigan's office is in the same courthouse as the office of the trial judge, L. Bernard Smithart, the only circuit judge in Bullock County. Before he became a judge, Judge Smithart was a partner in one of the law firms that represents Jernigan in this case. In January 2001, GM moved for Judge Smithart to recuse himself, arguing in its motion that he and Jernigan had a "special relationship" and that "it would be improper to have Mr. Jernigan's case litigated in the Court where Mr. Jernigan works daily and before the judge with whom he stands in such a unique relationship." GM also argued that the foregoing circumstances created the appearance of impropriety, thus requiring Judge Smithart's recusal. After a hearing, Judge Smithart denied GM's motion. GM did not seek review of that ruling
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Alabama Personal Injury Attorneys
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