Williams v. Hughes Moving & Storage Co., Inc.

Decision Date26 April 1991
CourtAlabama Supreme Court
PartiesRobert L. WILLIAMS v. HUGHES MOVING & STORAGE COMPANY, INC. 89-1298.

J. Allen Brinkley and Richard Chesnut of Brinkley, Chesnut & Aldridge, Huntsville, for appellant.

Rennie S. Moody and James E. Davis, Jr. of Lanier, Ford, Shaver & Payne, Huntsville, for appellee.

ADAMS, Justice.

Robert L. Williams appeals from a judgment based on a directed verdict entered by the Madison Circuit Court on his claims of negligence and wantonness against Hughes Moving & Storage Company, Inc. (hereinafter "Hughes"). We reverse and remand with instructions.

The facts relevant to this appeal are as follows:

On the night of December 19, 1987, Williams was driving his vehicle on Shepherd Drive in Huntsville, Alabama. Ollie Green was a passenger in that vehicle. As they approached the intersection of Shepherd Drive and Vining Avenue, Green observed what appeared to be a white pickup truck moving backward along a driveway. Williams also noticed the truck and slowed his speed. The truck picked up speed as it came along the driveway. Green testified that he could hear the tires making a "spinning noise." Williams stopped his vehicle as the truck approached the street. Williams alleged that when the truck reached the street, it turned and collided with his vehicle.

Williams was injured in the collision and as a result his shoulder required surgery. The white pickup truck bore the name "Hughes Moving & Storage, Inc." Neither Williams nor Green saw a driver in the truck. Police officers on the scene determined that the truck had a standard transmission and that the gearshift lever was in the "neutral" position.

The truck belonged to Hughes, and the driveway where the truck had been parked was at the home of Henry Birt, who at the time of the accident was employed by Hughes as a warehouseman and dispatcher. His job often required him to use a company truck. On Friday, December 18, 1987, Birt's work had required him to use the truck that was involved in the accident. He had apparently been out most of the day with the truck and had returned to his home with the truck rather than take it back to the Hughes lot. There was evidence that Hughes made no efforts to ascertain the whereabouts of this truck over the weekend.

Although Hughes's policy was for company vehicles to be returned to the office after each day's work, Birt, on several occasions, had driven a truck home. Hughes required, however, that trucks be returned even if the parking lot was locked, in which case the truck was to be left outside the lot and a security guard would bring the truck into the lot later. Hughes's policy toward employees who took company vehicles home without specific authorization was to terminate and prosecute them. Birt, however, was apparently never disciplined in any manner for taking company trucks home.

On June 28, 1988, Williams sued Hughes, alleging negligence and wantonness in allowing its truck to roll from the driveway and collide with his car. Williams sought $500,000 in damages and costs. Williams later amended his complaint to name Birt as a defendant. However, Williams was never able to achieve service of process on Birt. Hughes moved for a summary judgment at the outset. Its motion was denied, and the case went to trial. After all the evidence was presented, Hughes moved for a directed verdict, claiming that Williams had failed to present sufficient evidence. The trial court granted Hughes's motion.

On appeal, Williams raises two issues: First, whether it was proper for the trial judge to direct a verdict; and second, whether the trial judge abused his discretion by not allowing into evidence a photograph of Williams's shoulder taken during surgery. Williams argues that he presented sufficient evidence of Hughes's negligence for the claim to be submitted to the jury. Williams asks this Court to reverse the judgment of the circuit court and remand the case for a new trial. He also asks, in case this Court grants a new trial, that it also order that the photograph be allowed into evidence.

Williams first presents us with a summary of the evidence he presented at trial and argues that his evidence was sufficient for his claims to be submitted to the jury. Williams also argues that his evidence, when coupled with an administrative presumption of agency, creates a jury question as to whether Birt was operating the truck in the line and scope of his employment.

At the outset, we must address the standard that Williams's evidence must meet in order to create a question for the jury. For Williams's claims to be submitted to the jury, he must produce "substantial evidence" of each element of his claims. Ala.Code 1975, § 12-21-12. In West v. Founders Life Assurance Co., 547 So.2d 870, 871 (Ala.1989), this Court defined "substantial evidence" as "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved."

Thus, because Williams's claims against Hughes are based on the doctrine of respondeat superior, the burden is on Williams to present substantial evidence that the collision occurred while Birt was acting within the line and scope of his employment. We conclude that Williams's evidence was sufficient to create a jury question.

Hughes argues that because Birt took the vehicle home with him, in direct violation of company policy, he cannot be considered to have been acting in the line and scope of his employment. The mere fact that Birt was acting against company policy is not, however, conclusive as to the question of Birt's status at the time of the accident. In Lawler Mobile Homes, Inc. v. Tarver, 492 So.2d 297 (Ala.1986), this Court examined a similar situation of an employee acting contrary to company policy. In Lawler Mobile Homes, the company was held liable for misrepresentation where a salesman signed a contract that an officer of the company was supposed to sign, although the salesman had no authority to do so and the contract stated that it was not valid unless signed by an officer of the company. In Lawler Mobile Homes, we stated:

"A corporation or employer will be liable for the torts of its employees committed while acting in the line and scope of his employment even though the corporation or employer did not authorize or ratify such acts and even if it expressly forbade them. If there is any evidence in the record tending to show directly, or by reasonable inference, that the tortious conduct of the employee was committed while performing duties assigned to him, then it becomes a question for the jury to determine whether he was acting from personal motives having no relationship to the business of the employer."

492 So.2d at 305. (Citations omitted.)

The case of Solmica of the Gulf Coast, Inc. v. Braggs, 285 Ala. 396, 232 So.2d 638 (1970), provides another example of when an employee is considered to be acting within the scope of his employment. In that case, the plaintiff's intent was killed by an employee returning to the...

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