Supreme Court of Alabama January 16, 1981, 79-456 (Winn-Dixie Montgomery, Inc. v. Henderson)

On application for rehearing Winn-Dixie urges that this Court erroneously determined that there was sufficient evidence to support an award of punitive damages. In our opinion the following statement was made, "Mr. Lee testified for the firsttime at the third trial concerning prior similar conduct of Winn-Dixie in order to show fraud, scheme, motive or intent." (Emphasis added.