Carter v. Calhoun County Bd. of Ed.

CourtSupreme Court of Alabama
Writing for the CourtSHORES; TORBERT
Citation345 So.2d 1351
PartiesVergie CARTER v. CALHOUN COUNTY BOARD OF EDUCATION et al. SC 2175.
Decision Date06 May 1977

Page 1351

345 So.2d 1351
Vergie CARTER
v.
CALHOUN COUNTY BOARD OF EDUCATION et al.
SC 2175.
Supreme Court of Alabama.
May 6, 1977.

Betty C. Love of Love, Love, Lawrence & Burton, Talladega, for appellant.

H. R. Burnham and William Henry Agree of Burnham, Klinefelter, Halsey & Love, Anniston, for appellees.

SHORES, Justice.

This appeal presents a single question: did the trial court err in granting the defendants' motion to dismiss Count Two of the plaintiff's complaint which alleged the following:

'1. On a date prior to March 7, 1975, Plaintiff entered into an agreement with

Page 1352

defendants, hereinabove named, whereby the Plaintiff was employed to work in the lunchroom of Walter Wellborn School in Calhoun County, Alabama.

'2. Under the terms of said agreement, the defendants, hereinabove named, expressly or impliedly promised to furnish the plaintiff with a reasonably safe place in which to work.

'3. On or about March 7, 1975, plaintiff fell to the floor of the lunchroom of Walter Wellborn School, while acting in the service of said Defendants, and suffered the following injuries and damages:

'Plaintiff realleges the injuries and damages set out in Count One, paragraph 1, of this complaint (allegation of injuries suffered).

'4. Said injuries and damages were proximately caused by the breach of the terms of the contract described in paragraphs 1 and 2 of this count by the defendants, in failing to provide the plaintiff with a reasonably safe place in which to work.

'5. Plaintiff realleges paragraph & of Count One (judgment demand).'

The plaintiff is Mrs. Vergie Carter; and the defendants are the Calhoun County Board of Education, et al. Mrs. Carter appealed from the order granting the motion to dismiss Count Two.

Plaintiff concedes in brief that the allegations of Count Two of the complaint that the Board '. . . 'expressly' . . . promised to furnish plaintiff a reasonably safe place in which to work.' are not advanced by the plaintiff as grounds for reversal. It is her contention that the allegation of an implied promise to furnish a reasonably safe place to work is a sufficient allegation of an action based upon breach of an implied contract to withstand a motion to dismiss.

As has been said so often, Rule 8, ARCP, is complied with if the complaint gives the defendant '. . . fair notice of what the plaintiff's claim is and the grounds upon which it rests.' Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957)....

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21 practice notes
  • Segrest v. Segrest, 1190676
    • United States
    • Supreme Court of Alabama
    • December 4, 2020
    ...them and the grounds upon which it rests. Dempsey v. Denman, 442 So. 2d 63 (Ala. 1983) ; Carter v. Calhoun County Board of Education, 345 So. 2d 1351 (Ala. 1977). The liberality with which the Rules are construed, then, must be balanced against the requisites of fair notice to adverse parti......
  • Segrest v. Segrest, 1190676
    • United States
    • Supreme Court of Alabama
    • December 4, 2020
    ...them and the grounds upon which it rests. Dempsey v. Denman, 442 So. 2d 63 (Ala. 1983); Carter v. Calhoun County Board of Education, 345 So. 2d 1351 (Ala. 1977). The liberality with which the Rules are construed, then, must be balanced against the requisites of fair notice to adverse partie......
  • Daniel v. Moye, 1140819
    • United States
    • Supreme Court of Alabama
    • November 10, 2016
    ...them and the grounds upon which it rests. Dempsey v. Denman, 442 So. 2d 63 (Ala. 1983); Carter v. Calhoun County Board of Education, 345 So. 2d 1351 (Ala. 1977). The liberality with which the Rules are construed, then, must be balanced against the requisites of fair notice to adverse partie......
  • Horne v. Russell County Com'n, No. Civ.A. 3:03CV592-A.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • July 15, 2005
    ...the allegation of a breach of an implied contract to protect can state a valid claim. See Carter v. Calhoun County Board of Education, 345 So.2d 1351 (Ala.1977). In opposing a Motion for Summary Judgment, however, Horne must go beyond mere allegation. Horne has merely pointed to her employm......
  • Request a trial to view additional results
21 cases
  • Segrest v. Segrest, 1190676
    • United States
    • Supreme Court of Alabama
    • December 4, 2020
    ...them and the grounds upon which it rests. Dempsey v. Denman, 442 So. 2d 63 (Ala. 1983) ; Carter v. Calhoun County Board of Education, 345 So. 2d 1351 (Ala. 1977). The liberality with which the Rules are construed, then, must be balanced against the requisites of fair notice to adverse parti......
  • Segrest v. Segrest, 1190676
    • United States
    • Supreme Court of Alabama
    • December 4, 2020
    ...them and the grounds upon which it rests. Dempsey v. Denman, 442 So. 2d 63 (Ala. 1983); Carter v. Calhoun County Board of Education, 345 So. 2d 1351 (Ala. 1977). The liberality with which the Rules are construed, then, must be balanced against the requisites of fair notice to adverse partie......
  • Daniel v. Moye, 1140819
    • United States
    • Supreme Court of Alabama
    • November 10, 2016
    ...them and the grounds upon which it rests. Dempsey v. Denman, 442 So. 2d 63 (Ala. 1983); Carter v. Calhoun County Board of Education, 345 So. 2d 1351 (Ala. 1977). The liberality with which the Rules are construed, then, must be balanced against the requisites of fair notice to adverse partie......
  • Horne v. Russell County Com'n, No. Civ.A. 3:03CV592-A.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • July 15, 2005
    ...the allegation of a breach of an implied contract to protect can state a valid claim. See Carter v. Calhoun County Board of Education, 345 So.2d 1351 (Ala.1977). In opposing a Motion for Summary Judgment, however, Horne must go beyond mere allegation. Horne has merely pointed to her employm......
  • Request a trial to view additional results

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