Consolidated Pipe and Supply Co., Inc. v. Stockham Valves and Fittings, Inc.
| Decision Date | 22 December 1978 |
| Citation | 365 So.2d 968 |
| Parties | CONSOLIDATED PIPE AND SUPPLY COMPANY, INC. v. STOCKHAM VALVES AND FITTINGS, INC., and Louisiana Valve and Fittings Company, Inc. LOUISIANA VALVE AND FITTINGS COMPANY, INC. v. STOCKHAM VALVES AND FITTINGS, INC. 77-291 to 77-294. |
| Court | Alabama Supreme Court |
Larry W. Harper and Jack B. Porterfield, Jr., of Dunn, Porterfield, Scholl & Clark, Birmingham, for appellant, Consol. Pipe & Supply Co., Inc. (77-291, 77-292).
H. H. Grooms, Jr., and H. L. Ferguson, Jr., of Spain, Gillon, Riley, Tate & Etheredge, Birmingham, for appellant, Louisiana Valve & Fittings Co., Inc. (77-293, 77-294).
Edward O. Conerly, Birmingham, for appellee, Stockham Valves & Fittings, Inc. (77-291, 77-292, 77-293, 77-294).
These suits were commenced by Retha Cunningham and Dorothy Thomas, the widows of two men who were killed by the explosion of an underground steam valve while working for Alabama Power Company. Although several defendants were initially named, the suits when consolidated, tried, and submitted to the jury were against Stockham Valves and Fittings Company, Inc. (Stockham), the valve's manufacturer, Louisiana Valve and Fittings Company, Inc. (Louisiana), an intermediate distributor, and Consolidated Pipe and Supply Company, Inc. (Consolidated), a local distributor. Consolidated cross-claimed against Louisiana and Stockham, and Louisiana cross-claimed against Stockham, for indemnity in the event they would be held liable to Cunningham and Thomas. Alabama Power intervened claiming the amounts paid each of the two widows under the Workmen's Compensation Act.
At the close of all the evidence the trial court directed verdicts in favor of Stockham and Louisiana on Consolidated's cross-claim against them and in favor of Stockham on Louisiana's cross-claim against it. The case was submitted to the jury on theory of the Alabama Extended Manufacturer's Liability Doctrine (AEMLD). Verdicts were returned in favor of the plaintiffs and Alabama Power Company. Stockham and Louisiana each moved for JNOV and new trial. Consolidated only moved for a new trial. The trial court found the verdicts to be excessive and overruled the motions after Cunningham and Thomas each filed remittiturs. The judgments were paid by Stockham, Louisiana and Consolidated and are not appealed.
Louisiana and Consolidated appeal claiming as error the trial court's directed verdict denying their cross-claims for indemnity. They contend there is an exception to the rule prohibiting contribution among joint tortfeasors in Alabama where one tortfeasor is guilty of only passive or constructive negligence and the other of active negligence. See City of Mobile v. George, 253 Ala. 591, 45 So.2d 778 (1950); Walter L. Couse and Co. v. Hardy Corporation, 49 Ala.App. 552, 274 So.2d 316 (1972); Mallory S. S. Co. v. Druhan, 17 Ala.App. 365, 84 So. 874 (1920). Appellants Consolidated and Louisiana each contend they presented a scintilla of evidence showing they were only constructively or passively negligent, therefore, the trial court should have allowed their cross-claims to go to the jury.
We disagree.
No authority need be cited to support the proposition that there is no contribution among joint tortfeasors in Alabama. The cases cited by Louisiana and Consolidated to show the existence of an exception to the rule are distinguishable from this case. In City of Mobile, Walter L. Couse and Co., and Mallory S. S. Co., supra, in each instance the indemnitee was under an absolute or non-delegable duty to the injured plaintiff. In this case Louisiana and Consolidated were not liable to the deceased consumers under any absolute or strict liability doctrine, but rather under AEMLD. In Casrell v. Altec Industries, Inc., 335 So.2d 128 (Ala.1976), this court specifically retained the tort concept of fault in AEMLD.
Louisiana and Consolidated further argue, however, that because there was a scintilla of evidence to show that Stockham created a latent defect which no inspection by them, short of destroying the valve, would have revealed they were held absolutely liable even though the...
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