549 So. 2d 494 | Ala. Civ. App. | 1989
The case before us involves a complaint for breach of contract and malicious prosecution filed by Cheryl Collier Lee against Econo Auto Painting Body Works, Inc., and Franklin H. Womble, Jr. (Econo). The trial of the case resulted in a jury verdict in favor of Lee, who was awarded damages of $316.42. Lee's motion for a new trial was denied, and she now appeals to this court.
Lee first contends that the trial judge erred in giving one of the jury charges requested by Econo, as well as in not communicating certain definitions to the jury. We are precluded from addressing either of these issues because of Lee's failure to properly preserve them for our review. Rule 51, Alabama Rules of Civil Procedure, states that a party may not charge the trial judge with error in giving or failing to give any jury instruction unless he states his objection thereto and the grounds therefor before the jury retires to deliberate. The record reflects that at no time did Lee object to either the trial court's oral charge to the jury or to any written requested charge given; therefore, no error is preserved for review on appeal. Also, Lee cannot claim error here for the trial court's failure to instruct the jury as to a certain statutory section definition when she failed to request such instruction from the trial court.
One purpose of Rule 51 is to ensure that the trial court is informed of any alleged errors in its instructions to the jury and is afforded the opportunity to correct them. Mason v. JackDaniel Distillery,
Lee also contends that the jury's verdict is contrary to the evidence and contrary to the law. We do not agree. It is well settled that a jury verdict is presumed to be correct and that this presumption is strengthened when the trial court denies a motion for new trial. Merrill v. Badgett,
AFFIRMED.
ROBERTSON and RUSSELL, JJ., concur.