Campbell v. Alabama Power Co.
| Court | Supreme Court of Alabama |
| Writing for the Court | FAULKNER; TORBERT; JONES |
| Citation | 378 So.2d 718 |
| Parties | Alice Patricia CAMPBELL, widow of Walter Campbell, II, deceased, etc. v. ALABAMA POWER CO. 78-561. |
| Decision Date | 21 December 1979 |
Page 718
v.
ALABAMA POWER CO.
Page 719
Joseph M. Matranga, Beth Marietta, Mobile, for appellant.
James J. Duffy, Jr., Carroll H. Sullivan, of Inge, Twitty, Duffy & Prince, Mobile, S. Allen Baker, Jr., of Balch, Bingham, Baker, Hawthorne, Williams & Ward, Birmingham, for appellee.
FAULKNER, Justice.
This is an appeal from a summary judgment granted in favor of the Alabama Power Company (APCo) in a wrongful death action. We affirm.
For approximately a month prior to August 8, 1973, employees of Jo-Col, Inc., a subcontractor, were involved in grading streets and laying storm sewer lines in what was to be Coronado Estates, a new subdivision in Mobile. This involved the use of heavy equipment, including bulldozers, backhoes, scrapers, and a crane.
After clearing trees and undergrowth from the area, Jo-Col employees had graded the roadbed for the cul-de-sac at Coronado Court. The sewer pipes had been placed on the side of the graded street. Obie Johnson, a Jo-Col employee, was operating a backhoe, digging the hole for the sewer pipe installation. J. C. Jordan, another Jo-Col employee, was operating a forty foot crane which was being used to hook up the pipes and place them in the hole. The crane had been used for this job only two or three days. Walter Campbell, in either his first or second day of employment with Jo-Col, was fastening the sewer pipe to the hook on the end of the crane line. He was also serving as a "flagman" or "second set of eyes" for Mr. Jordan to avoid dangers above and to each side of the crane, especially power lines.
At the time of the accident APCo maintained a 7,200 volt uninsulated power line across the Coronado Court area. The line measured 33 feet 4 inches at the point of low sag where it crossed the cul-de-sac roadbed of Coronado Court. All the Jo-Col employees knew this was an electric line and that they could be injured if the crane being used came into contact with the line. Mr. Jordan and Campbell had a discussion earlier about the necessity of avoiding contact with the line.
Between 10:00 and 11:00 a. m. the morning of August 8, Walter Campbell was hooking the crane line to a piece of pipe when the boom of the crane came in contact with the uninsulated power line. Mr. Campbell was electrocuted.
Page 720
APCo did not receive a request to service the subdivision and a copy of the subdivision plat until August 21, almost two weeks after the accident. After internal processing, an APCo work order was issued on the Coronado Estates subdivision in November, 1973.
Alice Patricia Campbell, widow of Walter Campbell, on her own behalf and on the behalf of their minor children, filed suit against APCo alleging that its negligence and wantonness resulted in Mr. Campbell's death. On May 24, 1974, the trial court granted APCo's motion to dismiss with leave to Mrs. Campbell to amend. Mrs. Campbell amended her complaint to include counts for negligence and wanton conduct in the construction, inspection, operation, maintenance and/or control of...
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Butler v. Michigan Mut. Ins. Co., 79-713
...Furthermore, all reasonable inferences from the facts are to be viewed most favorably to the non-movant. Campbell v. Alabama Power Co., 378 So.2d 718 (Ala.1979); Papastefan v. B & L Construction Co., 356 So.2d 158 (Ala.1978); Loveless v. Graddick, 295 Ala. 142, 325 So.2d 137 (1975). Rule 56......
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Simmons Machinery Co., Inc. v. M & M Brokerage, Inc., s. 79-861
...Bank of Birmingham v. Culberson, 342 So.2d 347, 351 (Ala.1977). More recently, the court observed in Campbell v. Alabama Power Co., 378 So.2d 718, 721 (Ala.1979), that the scintilla evidence rule applies to summary judgment This rule must be considered in the context of the scintilla eviden......
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Home Bank of Guntersville v. Perpetual Federal Sav. and Loan Ass'n
...is made, so that at trial he would be entitled to go to the jury, a summary judgment may not be granted.' Campbell v. Alabama Power Co., 378 So.2d 718, 721 (Ala.1979); Chiniche v. Smith, 374 So.2d 872 (Ala.1979). 'Once a motion for summary judgment has been made, the adverse party ordinaril......
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Lawson State Community College v. First Continental Leasing Corp.
...is made, so that at trial he would be entitled to go to the jury, a summary judgment may not be granted." Campbell v. Alabama Power Co., 378 So.2d 718, 721 (Ala.1979); Chiniche v. Smith, 374 So.2d 872 (Ala.1979). Once a motion for summary judgment has been made, the adverse party ordinarily......
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Butler v. Michigan Mut. Ins. Co., No. 79-713
...Furthermore, all reasonable inferences from the facts are to be viewed most favorably to the non-movant. Campbell v. Alabama Power Co., 378 So.2d 718 (Ala.1979); Papastefan v. B & L Construction Co., 356 So.2d 158 (Ala.1978); Loveless v. Graddick, 295 Ala. 142, 325 So.2d 137 (1975). Rule 56......
-
Simmons Machinery Co., Inc. v. M & M Brokerage, Inc., Nos. 79-861
...Bank of Birmingham v. Culberson, 342 So.2d 347, 351 (Ala.1977). More recently, the court observed in Campbell v. Alabama Power Co., 378 So.2d 718, 721 (Ala.1979), that the scintilla evidence rule applies to summary judgment This rule must be considered in the context of the scintilla eviden......
-
Home Bank of Guntersville v. Perpetual Federal Sav. and Loan Ass'n
...is made, so that at trial he would be entitled to go to the jury, a summary judgment may not be granted.' Campbell v. Alabama Power Co., 378 So.2d 718, 721 (Ala.1979); Chiniche v. Smith, 374 So.2d 872 (Ala.1979). 'Once a motion for summary judgment has been made, the adverse party ordinaril......
-
Lawson State Community College v. First Continental Leasing Corp.
...is made, so that at trial he would be entitled to go to the jury, a summary judgment may not be granted." Campbell v. Alabama Power Co., 378 So.2d 718, 721 (Ala.1979); Chiniche v. Smith, 374 So.2d 872 (Ala.1979). Once a motion for summary judgment has been made, the adverse party ordinarily......