Christian v. Kenneth Chandler Const. Co., Inc.

• Decision Date: 03 March 1995
• Citation: 658 So.2d 408
• Parties: Donald CHRISTIAN and Susan Christian v. KENNETH CHANDLER CONSTRUCTION COMPANY, INC. Donald CHRISTIAN and Susan Christian v. Kenneth W. CHANDLER, et al. Michael MITCHELL, et al. v. KENNETH CHANDLER CONSTRUCTION COMPANY, INC. Michael MITCHELL, et al. v. Kenneth W. CHANDLER, et al. 1930517, 1930855, 1930518 and 1930818.
• Court: Alabama Supreme Court

Page 408

658 So.2d 408

Donald CHRISTIAN and Susan Christian v. KENNETH CHANDLER CONSTRUCTION COMPANY, INC.

Donald CHRISTIAN and Susan Christian v. Kenneth W. CHANDLER, et al.

Michael MITCHELL, et al. v. KENNETH CHANDLER CONSTRUCTION COMPANY, INC.

Michael MITCHELL, et al. v. Kenneth W. CHANDLER, et al.

1930517, 1930855, 1930518 and 1930818.

Supreme Court of Alabama.

March 3, 1995.

H. Nelson Camp, Dennis Riley of Morring, Schrimsher & Riley, Huntsville, for appellants.

Ann McMahan of Spain, Gillon, Grooms, Blan & Nettles, Birmingham, for Kenneth W. Chandler Const., Inc.

Gary K. Grace and Jennifer E. Morton of Grace & Shaw Attorneys, Huntsville, for Kenneth Chandler and Lee Chandler.

BUTTS, Justice.

The plaintiffs, Donald Christian and his wife Susan Christian, Michael Mitchell and his wife Andrea Mitchell, Donald Hellen and his wife Darlene Hellen, and Mark Johannes and his wife Candice Johannes, appeal from summary judgments entered in favor of the defendants Kenneth Chandler and Lee Chandler, Chandler Construction Company, Inc., and State Auto Mutual Insurance Company ("State Auto") on the plaintiffs' claims alleging negligence, wantonness, and "spoliation of evidence." We affirm.

I.

The plaintiffs were social guests at a baby shower hosted by Kenneth and Lee Chandler, husband and wife, at their residence on Treeline Drive in Huntsville on June 13, 1992. The Chandlers had purchased the house from Lewis and Katherine Loftis in August 1990, and on the same day they sold this house to the Chandlers, the Loftises signed a contract with Chandler Construction for the construction of a new house. Chandler Construction is owned and operated by Kenneth Chandler. The Chandlers then rented the Treeline Drive residence to the Loftises until the construction of the Loftises' new house was complete. The Chandlers eventually moved into the Treeline Drive residence in August 1991, but put it up for sale shortly thereafter.

In April 1992, Perry and Vickie Vanderford made an offer on the property, subject to its passing an inspection by a professional home inspector. During the inspection of the exterior wooden deck attached to the house, the home inspector noted the presence of small spots of soft and rotting wood on a handrail and two floor boards, and he said he believed the handrail and those floor boards should be replaced. The inspector conveyed the results of his home inspection to the Vanderfords in a written report and orally in a meeting at which Kenneth Chandler was present at least part of the time. Following receipt of the inspection report and their own tour of the house and deck, the Vanderfords did not request the Chandlers to make any repairs to the deck before they purchased the residence; they did request that the roof on the house be repaired, as the inspector had suggested they require.

During the evening of June 13, 1992, the guests at the baby shower mingled and moved between the interior of the Treeline Drive residence and the wooden deck, where refreshments were located. The deck was raised at least 20 feet above ground. Shortly after 9:00 p.m. that evening, while approximately 20 guests were standing on the deck, it suddenly collapsed. Many of the guests were severely injured as a result of their fall.

Early the next morning, Kenneth Chandler telephoned his family attorney and then his insurance agent, James Thornton. Thornton was employed by the J. Smith Lanier Insurance Agency, a representative for State Auto. Chandler informed the agent of the collapsed deck and resulting injuries to his guests. Thornton told Chandler that he could clean up the area, but did not tell him to remove the debris. Thornton also instructed him to take photographs of the scene and told him that a claims adjuster would not be able to come out until the next day. Thereafter, Chandler photographed and videotaped the scene. Then, with the help of several family members and friends, Chandler dismantled the collapsed deck and loaded the debris onto a truck. The wood debris was later hauled away and burned. He testified by deposition that he removed the debris because of fear that his young daughter would be injured by loose boards or nails.

In October 1992, the plaintiffs filed complaints against the Chandlers and Chandler Construction, alleging several counts of negligence and wantonness. In July 1993, the trial court entered summary judgments in favor of Chandler Construction on all claims against it. The trial court denied the plaintiffs' motion to alter, amend, or vacate its judgment, and the judgment was made final pursuant to Rule 54(b). The plaintiffs appealed. In August 1993, the plaintiffs amended their complaints to add State Auto as a defendant. Thereafter, they amended their complaints to add claims alleging "spoliation of evidence," against all defendants. In February 1994, the trial court entered summary judgments in favor of the defendants on all remaining claims. The plaintiffs appealed as to those claims.

II.

"In reviewing the disposition of a motion for summary judgment, we utilize the same standard as the trial court in determining whether the evidence before [it] made out a genuine issue of material fact" and whether the movant was "entitled to a judgment as a matter of law." Bussey v. John Deere Co., 531 So.2d 860, 862 (Ala.1988); Rule 56(c) Ala.R.Civ.P. When the movant makes a prima facie showing that there is no genuine issue of material fact, the burden shifts to the nonmovant to present substantial evidence creating such an issue. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794 (Ala.1989). "Substantial evidence" is "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); § 12-21-12, Ala.Code 1975. Our review is further subject to the caveat that this Court must review the record in a light most favorable to the nonmovant and must resolve all reasonable doubts against the movant. Hanners v. Balfour Guthrie, Inc., 564 So.2d 412, 413 (Ala.1990).

III.

The plaintiffs were injured on real property owned by the Chandlers because of a condition on that property. Although the plaintiffs ask this Court to abandon the traditional distinction between trespassers, licensees, and invitees in determining the duty of care owed by a landowner to a person on the premises, we decline to do so. Thus, the duty owed by the landowner to a person injured on his premises because of a condition on the land is dependent upon the status of the injured party in relation to the land. Baldwin v. Gartman, 604 So.2d 347 (Ala.1992); Whaley v. Lawing, 352 So.2d 1090 (Ala.1977).

"In Alabama an invited social guest is a licensee of the landowner." Bryant v. Morley, 406 So.2d 394, 395 (Ala.1981). See, also, Graveman v. Wind Drift Owners' Ass'n, Inc., 607 So.2d 199 (Ala.1992), and McMullan v. Butler, 346 So.2d 950 (Ala.1977). Recently we defined a landowner's duty to a licensee as follows:

"The duty owed by landowners toward licensees is not an active one to safely maintain the premises; rather, the law imposes upon the landowner the duty of not setting traps or pitfalls and not willfully or wantonly injuring the licensee, a 'trap' being a danger that a person who does not know the premises could not avoid by reasonable care and skill."

Graveman, 607 So.2d at 203 (emphasis added). Thus, the Chandlers were not under an active, absolute duty to maintain the wooden deck in a safe condition. However, they were under a duty not to act wantonly. In Whaley, a similar case involving injuries to licensees because of a collapsed "sundeck," we stated: "In order to constitute wantonness, a failure to act must be accompanied by knowledge that someone is probably imperilled, and the failure to act must be in reckless disregard of the consequences." 352 So.2d at 1092.

The plaintiffs argue that they presented substantial evidence of wantonness on the part of the Chandlers and on the part of Kenneth Chandler as an agent for Chandler Construction, because, they contend, the Chandlers were aware that the deck was rotted in places, that it was located high off the ground, and, thus, that it was unsafe for use, but acted with reckless indifference to that fact by encouraging the plaintiffs to use the deck, without first making it safe. Even viewing the evidence in a light most favorable to the plaintiffs, as nonmovants on the motions for summary judgment, we conclude that they did not meet their burden of presenting substantial evidence of wantonness.

The defendants' knowledge of a dangerous condition, prior to the accident, is the most crucial element of wantonness. Whaley, supra. At most, the evidence indicates that Kenneth Chandler was informed by the home inspector that two boards and a handrail on the deck were rotted in small areas and needed to be repaired or replaced. In his deposition, the home inspector described the deck's condition as it appeared to him only two months before it collapsed.

"[PLAINTIFFS' ATTORNEY]: In what areas of the deck did you find rotted wood?

"[INSPECTOR]: I have been thinking about that for quite a while, and to the best of my recollection, there were some soft deck boards and the deck was very high off the ground. ... And I seem to remember seeing some areas on the outside which, I believe would be in the northwest corner of the deck. I also seem to remember that the stairway had some areas that you could punch your finger into that were soft wood.

"[PLAINTIFFS' ATTORNEY]: That indicates that the wood was rotting or deteriorating?

"[INSPECTOR]: Yes, sure.

"[PLAINTIFFS' ATTORNEY]: Now, what size areas were these soft areas on the deck boards or what appeared to be soft boards?

"[INSPECTOR]: I seem to remember seeing something that was concentrated near the corner.

"[PLAINTIFFS' ATTORNEY]: That was...