Summary
In Yates, the plaintiff also relied on the 1983 nondisclosure policy, but instead of offering evidence of 983 repairs costing more than $300 each, he introduced a bulk exhibit containing 5,856 repair bills to show that petitioner had sold over 5,800 new BMW vehicles without disclosing that they had been repaired.
Summary of this case from BMW of North America, Inc. v. GoreOpinion
1921062.
October 29, 1993.
Petition for writ of certiorari to the court of civil appeals (2910714). Appeal from the Jefferson Circuit Court, No. CV-90-2533, N. Daniel Rogers, Jr., Judge.
A.W. Bolt II, Steve Wollstein and Paula I. Cobia of Bolt, Isom, Jackson Bailey, Anniston, for petitioner.
Michael C. Quillen, Birmingham, for respondent.
WRIT QUASHED AS IMPROVIDENTLY GRANTED.
HORNSBY, C.J., and MADDOX, ALMON, ADAMS and STEAGALL, JJ., concur.
HOUSTON, J., concurs specially.
See my special concurrence in BMW of North America, Inc. v. Gore, [Ms. 1920324, August 19, 1994] ___ So.2d ___ (Ala. 1994).
Note from the reporter of decisions: Gore opinion cited by Justice Houston was dated October 29, 1993. On August 19, 1994, the Supreme Court withdrew that October 29, 1993, Gore opinion and substituted another. Justice Houston's special concurrence, reissued on August 19, 1994, was not changed.