Shepherd v. Gardner Wholesale, Inc.

256 So. 2d 877 · Supreme Court of Alabama · 1972

Facts

Roxie Shepherd sued Gardner Wholesale, Inc. for negligence after tripping on a raised concrete slab abutting its building while on a public sidewalk. The jury returned a verdict for the defendant, and Shepherd appealed, challenging several jury instructions. Evidence was in dispute as to whether the slab extended onto the public sidewalk.

Issue

Did the trial court commit reversible error by giving jury instructions that incorrectly stated the law regarding proximate cause and contributory negligence, and by giving an instruction that assumed a disputed fact?

Holding

Yes, the trial court erred by giving jury instructions that misstated the law on proximate cause and contributory negligence, and by giving a charge that erroneously assumed the plaintiff's status as an invitee. The judgment was reversed, and the case was remanded for a new trial.

Rule

Negligence need not be the sole proximate cause of an injury for liability, as concurring negligence can be sufficient. Contributory negligence must proximately contribute to the injury to bar recovery. Jury instructions are erroneous if they misstate the law or assume disputed facts.

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Case brief last reviewed 2026-02-10. Prepared by CaseReader from the published opinion.