Salter v. State Farm Mutual Automobile Insurance
Salter v. State Farm Mutual Automobile Insurance
Opinion of the Court
Plaintiff appeals from a jury verdict for defendant insurance company in a suit seeking recovery under the theft coverage provisions of an automobile insurance policy-
The evidence introduced at trial by the plaintiff is undisputed. Plaintiff testified that he was the owner of a 1972 Volkswagen automobile which was insured by defendant against theft. In January 1978 he loaned this automobile to his daughter who was living at that time in Florala, Alabama. Plaintiff further testified that on February 28, 1978, he drove to Florala and discovered that the automobile was no longer in his daughter’s possession. James Walker, a sergeant in the Dothan Police Department, testified that since May 1978 the automobile had been in the possession of one Haston Jenkins of Dothan, Alabama. Plaintiff was then recalled as a witness and attempted to testify that Mr. Jenkins’ possession of the automobile was without his consent. The trial court sustained defendant’s objections to this testimony and the case was submitted to the jury. The jury returned a verdict in favor of the defendant. The court subsequently denied plaintiff’s motion for new trial and plaintiff appeals.
Plaintiff contends that the trial court committed reversible error in refusing to allow plaintiff to testify that he had not consented to Mr. Jenkins’ possession of the automobile. We do not agree with this contention and affirm the judgment below.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.