Babwari v. State Farm Fire & Cas. Co.
| Decision Date | 15 May 2023 |
| Docket Number | 2:21-cv-00895-RDP |
| Parties | AMANALI BABWARI, Plaintiff, v. STATE FARM FIRE and CASUALTY COMPANY, et al., Defendants. |
| Court | U.S. District Court — Northern District of Alabama |
This action is before the court on (1) the Motion for Summary Judgment filed by Defendant State Farm Fire and Casualty Company (“State Farm”) (Doc. # 46), and (2) the Motion for Summary Judgment filed by Plaintiff Amanali Babwari. (Doc. # 47). The motions have been fully briefed. (Docs. # 51; 53) (Defendant's Motion); (Docs. # 50; 52) (Plaintiff's Motion). For the reasons explained below (1) Defendant's Motion (Doc. # 46) is due to be denied and (2) Plaintiff's Motion (Doc. # 47) is due to be granted.
This case arises from injuries sustained by Plaintiff on October 10, 2016, when he was shot multiple times by an unknown assailant while leaving work. (Doc. # 34). Plaintiff obtained a consent judgment against his former employers in state court after claiming that their failure to implement adequate security measures led to his attack. (Doc. # 33-9). Now, Plaintiff brings this action against his employers' insurer, State Farm, under Alabama's direct action statute, seeking to satisfy the judgment he obtained. Ala. Code. § 27-23-2; (Doc. # 1). Therefore, the issue presented in this case is whether State Farm has a duty to indemnify its insureds for the judgment in the underlying action. For the reasons explained in this memorandum opinion, the court finds that it does.
The court divides its discussion of the relevant facts into four sections. First, the court recounts the events giving rise to Plaintiff's injuries. Second, the court discusses the underlying state action. Third, the court describes the liability insurance policy. Finally, the court addresses the procedural history of this federal action.
In 2016, Plaintiff worked at the Pit Stop Grocery, a convenience store and gas station in Birmingham, Alabama. (Doc. # 34 ¶ 3). Defendants Ramzan Jiwani and Younus Saleh owned and operated the Pit Stop by and through their LLC, A.Y.R.S. Food & Fuel (together with Jiwani and Saleh, the “Store Owners”). (Id. ¶ 1).
On October 10, 2016, Plaintiff was working the closing shift at the Pit Stop, which lasted from 1:00 P.M. to 11:00 P.M. (Id. ¶¶ 4-5). Plaintiff worked alone that evening. (Id.).
Around 8:00 P.M., Plaintiff transported a bag of change from the store to his car. (Id. ¶ 7).
Occasionally, with the Store Owners' permission, Plaintiff would take up to $100 in change from the Pit Stop to his wife so that his wife could use the change in a different convenience store at which she worked.[1](Id.). Plaintiff's wife would give him larger bills in exchange for the cash, and Plaintiff would then either return the cash to the Store Owners or have the amount taken out of his paycheck. (Id.). Exchanging the store's change into larger bills was done primarily for the convenience of Plaintiff-and more particularly Plaintiff's wife. (Id. ¶ 8). These exchanges were not part of Plaintiff's job duties, and the Store Owners exercised no control over when, where, or how Plaintiff transported the change to his wife. (Id. ¶ 9).
After Plaintiff put the change bag into his car around 8:00 P.M., he went back into the store and continued working. At or around 11:00 P.M. Plaintiff's shift ended and he closed the store. (Id. ¶ 11). He then left the store via the front door and locked the door behind him. (Id.). Plaintiff was not paid for any work after his shift ended at 11:00 P.M. (Id. ¶ 12).
After locking up, Plaintiff walked to his car. (Id. ¶ 13). Although there were several parking spots directly in front of the store's entrance, Plaintiff did not park in those spots because they were reserved for customers, and the Store Owners told him not to park there. (Id. ¶ 6); (Doc. # 46 at 10 ¶ 19); (Doc. # 51 at 5 ¶ 19). Instead, he parked behind a dumpster on the southwest corner of the store's parking lot, directly underneath an inoperable security light on a telephone pole. (Doc. # 34 ¶ 6).[2]
When Plaintiff reached his car, he did not get in through the driver's door because the lock on that door was malfunctioning. (Doc. # 34 ¶ 14). Instead, he entered through the passenger's side door. (Id.). As Plaintiff was sitting down in the passenger seat, reaching to unlock the driver's side door, an unknown assailant approached him from behind the dumpster in the area left darkened by the inoperable streetlight. (Id. ¶ 15). Before Plaintiff could react, the assailant fired several shots at Plaintiff and told him, “give me all you got.” (Id.). Plaintiff grabbed the bag of change he had placed in his car earlier in the day and handed it to the assailant. (Id.). The assailant grabbed the bag, shot Plaintiff several more times, and then fled the scene. (Id.). At least nine bullets hit Plaintiff and lodged inside his body. (Id. ¶ 16). Although Plaintiff survived the assault, he was severely injured. (Doc. # 47 at 5).
Before Plaintiff was attacked in October 2016, there had been one other robbery at the Pit Stop since the Store Owners began operating that store in 2015. (Doc. # 33-2 at 9). This robbery occurred in February 2016 but did not result in any injuries. (Id.). The Store Owners testified that, other than the robbery in February 2016 and the attack on Plaintiff in October 2016, they were not aware of any other incidents involving violence or threats of violence at the premises. (Doc. # 332 at 10); (Doc. # 33-3 at 3).
There were, however, previous occasions where the police were called to the Pit Stop. Plaintiff testified that he called the police about once or twice a week when he was working at the store. (Doc. # 46 at 8 ¶ 10); (Doc. # 51 at 4 ¶ 10). During his deposition, Plaintiff was asked:
Store Owner Younus Saleh was also questioned about these calls:
(Doc. # 33-2 at 9). Additionally, Plaintiff stated that he did not recall any arrests occurring as a result of his calls to police. (Doc. # 33-1 at 12).
Before Plaintiff was attacked in October 2016, he had expressed concern to the Store Owners regarding whether it was safe for him to work the closing shift alone. (Doc. # 46 at 8 ¶¶ 12-13); (Doc. # 51 at 4 ¶ 13). When Plaintiff first began working at the Pit Stop a second employee typically worked with him for at least part of his shift. (Doc. # 46 at 7 ¶ 7); (Doc. # 51 at 3 ¶ 7). By October 2016, the Store Owners were no longer employing an additional person to work the evening shift with Plaintiff. (Doc. # 46 at 8 ¶ 11); (Doc. # 51 at 4 ¶ 11). Plaintiff felt uncomfortable working the closing shift by himself, and he conveyed his reservations to the Store Owners; however, they did not hire an additional employee. (Doc. # 46 at 8 ¶ 12-13); (Doc. # 51 at 4 ¶ 13).
Plaintiff had also requested that the Store Owners repair the inoperative light that he was parked under when he was attacked. (Doc. # 46 at 9 ¶ 16); (Doc. # 51 at 5 ¶ 16). Although the Store Owners did not own the telephone pole, they paid the electricity bill for the entire premises.
(Doc. # 46 at 9 ¶ 14); (Doc. # 51 at 4 ¶ 14). The Store Owners never fixed the light as Plaintiff requested. (Doc. # 34 ¶ 6).
On April 28, 2017, Plaintiff filed suit against the Store Owners and the unknown assailant (as a fictious party defendant) in the Circuit Court of Jefferson County, Alabama, Birmingham Division. Amanali Babwari v. A.Y.R.S. Food & Fuel, LLC, et al., No. CV-2017-901740 (the “underlying action”); (Doc. # 34 ¶ 17); (Doc. # 33-9).
In the underlying action, Plaintiff asserted claims for negligence and wantonness, and for violations of the Employer's Liability Act. (Doc. # 34 ¶ 17). Plaintiff alleged that the Store Owners bore responsibility for the attack because they failed to implement adequate security measures at the Pit Stop. (Doc. # 33-9 at 7). Specifically, Plaintiff challenged the Store Owners' failure to hire a second employee to work the night shift with him, and their failure to fix the inoperable streetlight under which Plaintiff was parked when he was attacked. (Id. at 3).
Although State Farm initially provided a defense for the Store Owners under a reservation of rights, on August 7, 2017, it disclaimed all liability...
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