Aldridge v. Valley Steel Const., Inc.

• Decision Date: 07 August 1992
• Citation: 603 So.2d 981
• Parties: Timothy Mac ALDRIDGE v. VALLEY STEEL CONSTRUCTION, INC. 1910381.
• Court: Alabama Supreme Court

Page 981

603 So.2d 981

Timothy Mac ALDRIDGE v. VALLEY STEEL CONSTRUCTION, INC.

1910381.

Supreme Court of Alabama.

Aug. 7, 1992.

W. Lee Pittman of Pittman, Hooks, Marsh, Dutton & Hollis, P.C., Birmingham, for appellant.

William E. Shinn, Jr. of Harris, Caddell & Shanks, P.C., Decatur, for appellee.

INGRAM, Justice.

In December 1986, the plaintiff, Timothy Mac Aldridge, was injured at work when an electrical control panel exploded at the Copeland Corporation plant in Hartselle, Alabama. The electrical control panel was part of a gun drill system installed at the Copeland plant by Valley Steel Construction, Inc. ("Valley"), in 1980. Aldridge brought this action pursuant to Ala.Code 1975, § 25-5-11, alleging, among other things, that Valley had negligently installed the gun drill machine and that its negligence was the proximate cause of Aldridge's injuries. In other words, Aldridge contends that Valley should have foreseen that the level of fluids would be high enough to make contact with and infiltrate the electrical components of the pump motor and that Valley was under a duty to place the pump motor at a higher elevation or to provide some sort of protective devices to guard against this danger.

Valley moved for a summary judgment, contending (a) that it did nothing but install the equipment in strict compliance with the plans and specifications that were supplied to it; and (b) that assuming, without deciding, that the initial installation had been negligent or improper, the unguarded motor that was allegedly the cause of the accident was not installed or wired by Valley or its subcontractor and, therefore, Valley's work could not have been the proximate cause of Aldridge's injuries.

The trial court entered a summary judgment in favor of Valley, and Aldridge appeals. The dispositive issue before this Court is whether Valley was entitled to a summary judgment as a matter of law.

A motion for summary judgment may be granted only when there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. Rule 56(c), A.R.Civ.P.; Southern Guar. Ins. Co. v. First Alabama Bank, 540 So.2d 732, 734 (Ala.1989). The burden is, therefore, upon the moving party to clearly show that there is no material fact in dispute, and all reasonable inferences from the evidence are to be viewed most favorably to the nonmovant. Southern Guar. Ins. Co., supra, at 734.

Rule 56 is read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987. See Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). In order to defeat a properly supported motion for summary judgment, the plaintiff must present substantial evidence, i.e., "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." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989).

The undisputed facts reveal that the control panel box was a component part of a gun drill machine system installed by Valley Steel Construction, Inc., in 1980. The gun drill, a complex piece of industrial equipment, was used by Copeland in connection with the manufacture of crankshafts for heat pumps. Included in the overall system was a "self-contained pit ... approximately thirteen feet by four or five feet by eighteen inches deep, containing the pumps, filters, [and an electric] motor." The used cutting fluid or coolant would collect in an enclosure within the pit. After being filtered to remove any metal chips, the coolant was recycled to the drill bit by use of a high pressure pump. The pump was powered by an electric motor, which was placed in the concrete pit 18 inches below floor level on the outside of the enclosure.

Valley was given drawings, plans, and specifications to be followed concerning the installation of the system. The motor was installed in the exact location called for in the plans and specifications. Valley engaged Hammon Electric Company, Inc., to bring power to the electric pump motor and to connect the power to the equipment. The wiring was done in compliance with the plans and specifications. Valley performed its work according to the plans and specifications provided by Copeland and finished its work sometime near the end of 1980 or the early part of 1981, at which time the work was accepted by Copeland.

After the initial installation, the original electric motor was replaced with a larger motor. The original 20-horsepower motor and high pressure pump that had been installed by Valley were removed by the Copeland Corporation in July or August 1986 and were replaced by Copeland with a new 40-horsepower motor and new high pressure pump. There was also a change in the original wiring from the electrical panel box to the terminal box on the new 40-horsepower motor. However, the location of the electric pump motor remained the same, and the control panel box was not replaced or...