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REL: 05/01/2009

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ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2008 -2009

_________________________ 2070344 _________________________ Willie C. Flowers and Mary J. Flowers v. Eleanor Tyler Dean Appeal from Coffee Circuit Court (CV-05-23) THOMPSON, Presiding Judge. Willie C. Flowers ("Flowers") and Mary J. Flowers

("Mary") sued Eleanor Tyler Dean seeking damages for injuries Flowers alleged he sustained as a result of an automobile accident he alleged had been caused by Dean. Mary sought to

2070344 recover on a claim alleging loss of consortium. Dean answered and denied liability. The matter was tried before a jury. The jury returned

verdicts in favor of Flowers and Mary (hereinafter referred to collectively as "the plaintiffs"). The jury awarded Flowers

$99,000 in damages and awarded Mary $1,000 on her claim of loss of consortium. On October 17, 2007, the trial court

entered a judgment on the jury verdicts. The plaintiffs filed a motion for a new trial, and that motion was denied by operation of law. The plaintiffs timely appealed, and the

appeal was transferred to this court by the supreme court, pursuant to

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