Crocker v. Exteriors

Supreme Court of Alabama March 7, 2003

Crocker v. Exteriors, 857 So. 2d 795 (Ala. 2003)

2003 Ala. LEXIS 75; 2003 WL 862575

Brown, Harwood, Houston, Johnstone, Lyons, Moore, See, Stuart, Woodall

Concurring Opinion

HOUSTON, Justice,

concurring specially.

Gary Crocker, as administrator of the estate of Shirley Crocker, deceased, has not set forth the factual basis of his claim against Fulton Performance Products, Inc., as he is required to do to prove an Alabama Extended Manufacturer’s Liability Doctrine claim. Ex parte Dorsey Trailers, Inc., 397 So.2d 98, 104 (Ala. 1981). Once Crocker reveals his evidence of the alleged defect, the evidence sought by Fulton through disassembly may become extremely relevant. However, at this stage of the legal proceedings, Fulton has not shown that the trial court exceeded its discretion in not allowing Fulton to disassemble the trailer hitch.

Opinion of the Court

STUART, Justice.

PETITION DENIED. NO OPINION.

MOORE, C.J., and SEE, LYONS, BROWN, JOHNSTONE, HARWOOD, and WOODALL, JJ., concur. HOUSTON, J., concurs specially.

Reference

Full Case Name: Ex parte FULTON PERFORMANCE PRODUCTS, INC. (In re Gary Crocker, as administrator of the estate of Shirley Crocker v. Jackson Exteriors)
Status: Published