Copeland v. Samford University

• Citation: 686 So.2d 190
• Decision Date: 05 April 1996
• Docket Number: No. 1931659,1931659
• Parties: 115 Ed. Law Rep. 1088, 11 IER Cases 1016 William J. COPELAND, et al. v. SAMFORD UNIVERSITY.
• Court: Supreme Court of Alabama

Page 190

686 So.2d 190

115 Ed. Law Rep. 1088, 11 IER Cases 1016

William J. COPELAND, et al. v. SAMFORD UNIVERSITY.

No. 1931659.

Supreme Court of Alabama.

April 5, 1996.

Rehearing Denied Dec. 13, 1996.

J. Michael Campbell, Birmingham, for Appellants.

Edward O. Conerly and Matthew W. Veal, Birmingham, for Appellee.

COOK, Justice.

William J. Copeland and Emilea Copeland, parents of Rex Bartly Copeland, appeal from a summary judgment entered in favor of Samford University on their claim against Samford University based on the wrongful death of their son Rex. The complaint, filed against Samford University and William L. Slagle, a former professor at Samford, alleges in part that Samford University negligently hired Slagle; that Samford negligently supervised Slagle; and that Samford is liable under the theory of respondeat superior for the murder of their son, Rex, by Slagle. Slagle, who was convicted of murder pursuant to § 13A-6-2, Ala.Code 1975, is presently serving a life sentence for the crime. See Slagle v. State, 606 So.2d 193 (Ala.Cr.App.1992).

Following the entry of the summary judgment for Samford, the trial proceeded against Slagle, resulting in a $12,000,000 jury verdict and judgment for the plaintiffs. Although the plaintiffs' notice of appeal named both defendants as appellees, the issues they raised in their brief concern only the defendant Samford; therefore, we consider Samford to be the only appellee. For the following reasons, we affirm the judgment for Samford.

We have written the following in regard to our review of a summary judgment:

"[A] summary judgment is proper if there is no genuine issue of material fact and the movant is entitled to a judgment as a matter of law. Rule 56, A.R.Civ.P. In reviewing a summary judgment, this court will apply the same standard applied by the trial court in granting the motion--i.e., this Court will review the record in a light most favorable to the nonmovant and will resolve all reasonable doubts against the movant. Rotham [Rothman] v. Gamma Alpha Chapter of Pi Kappa Alpha Fraternity, 599 So.2d 9 (Ala.1992) (citing Fincher v. Robinson Brothers Lincoln-Mercury, Inc., 583 So.2d 256 (Ala.1991)). In determining whether there is a genuine issue of material fact, this Court is limited to a consideration of the factors that were before the trial court when it ruled on the summary judgment motion. Broadmoor Realty, Inc. v. First Nationwide Bank, 568 So.2d 779 (Ala.1990). However, this Court's reasoning is not limited to that applied by the trial court. Hill v. Talladega College, 502 So.2d 735 (Ala.1987).

"Once the moving party makes a prima facie showing that no genuine issue of material fact exists, then the burden of going forward with evidence shifts to the nonmovant--who must demonstrate the existence of a genuine issue of material fact. Grider v. Grider, 555 So.2d 104 (Ala.1989).... This action was filed after June 11, 1987; therefore, the nonmovant, ... had to carry his burden by presenting 'substantial evidence' that created a genuine issue of material fact, § 12-21-12, Ala.Code 1975. That is, [the nonmovant] had the burden of presenting 'evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment [could] 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)."

Diamond v. Aronov, 621 So.2d 263, 265 (Ala.1993).

Rex Copeland was a junior at Samford University at the time of his death. He was a member of the debate team and had been a member of that team since entering Samford as a freshman. By all accounts, he was an accomplished debater. William Slagle, his debate coach, had been hired by Samford in September 1987, the year Copeland entered Samford as a freshman. Slagle came to Samford from Mercer University in Macon, Georgia, where he had been employed for approximately 10 years as debate coach. From 1987 until Copeland's death, the debate team at Samford was nationally competitive.

Several months before his death, in preparation for an upcoming debate, Rex had been assigned a particular topic to research for his team. The team held a practice debate on September 21, 1989. Rex's team lost the practice debate and, considering the evidence in a light most favorable to Copeland, one could conclude that both Rex and Slagle were upset. Several days later Rex's body was discovered in his apartment.

In his summary judgment order, the trial court stated, in pertinent part:

"The facts before the Court show that William L. Slagle was hired by Samford University as a debate coach in 1987. One of his students was Rex Copeland. On September 21, 1989, between 2 and 5 a.m., Rex Copeland was murdered in his apartment. The cause of death was stab wounds. Subsequent to that date, William L. Slagle was indicted and convicted of the intentional murder of Rex Copeland. He is currently serving a life sentence in the state penal system of Alabama.

"The Plaintiff[s], in [their] amended complaint, count four, allege[ ] that William L. Slagle while acting within the line and scope of his authority murdered Rex Copeland. Count five alleges that Samford University breached its duty by negligently failing to supervise William L. Slagle. Count six of the second amended complaint alleges that Samford University had a duty to Rex Bartley Copeland and his parents to fully investigate the background of Slagle to determine his fitness to fulfill the duties of debate coach for Samford University. The Plaintiff[s] further allege[ ] that Samford University breached that duty by negligently failing to investigate the background of William L. Slagle.

"The court has reviewed Samford University's motion for summary judgment, [its] brief in support of [that motion,] the entire case file, the amendment to the motion for summary judgment with excerpts [from] the faculty handbook, excerpts [from] depositions of Dr. Thomas E. Corts, Dr. Harold L. Hunt and ... Dr. William E. Hull, Samford University's answers to interrogatories, Slagle's curriculum vitae, the transcript from West Texas State University, and the death certificate for Rex Bartley Copeland.

"The court has also reviewed the affidavits of James Glasgow, Lamar Miller, Mike Kelly, James Chester Gibson, Allegra Jordon Young, and Amanda Carole Hiley. The court strikes the conclusions, the hearsay and all of the opinions which the witnesses were not qualified to express in these affidavits.

"At the [Plaintiffs'] request the court considered additional excerpts [from] the depositions of Dr. Thomas E. Corts, Dr. Harold L. Hunt, Dr. William E. Hull, William Jimmy Copeland, William Lee Slagle and George Coulter.

"The first issue raised by the Plaintiff[s] is whether ... Mr. Slagle was acting within the line and scope of his employment when he murdered [Rex] Copeland.

"In the case of Wells v. Henderson Land & Lumber Co., 200 Ala. 22 , 76 So. 28 (1917), the Supreme Court, quoting from Gilliam v. South & N.A.R.R., 70 Ala. 268, 270 (1881), declared:

" 'If the agent, while acting within the range of the authority of his employment, do an act injurious to another, either through negligence, wantonness, or intention, then, for such abuse of the authority conferred upon him, or implied in his employment, the master or employer is responsible in damages to the person thus injured. But, if the agent go beyond the range of his employment or duties, and of his own will do an unlawful act injurious to another, the agent is liable, but the master or employer is not.'

"The doctrine of the Gilliam case was followed in Goodloe v. Memphis & C.R.R., 107 Ala. 233, 240, 18 So. 166, 167, 29 L.R.A. 729, 54 A.St.Rep. 67, [ (1895),] when the Supreme Court said:

" 'It is said, on the point under consideration, that the rule of the responsibility of the master for the acts of his servant, 'does not apply simply from the circumstance that at the time when the injury is inflicted the person inflicting it was in the employment of another; but that, in order to make the master liable, the act inflicting the injury must have been done in pursuance of an expressed or implied authority to do it. That is, it must be an act which is fairly incident to the employment; in other words an act which the master has set in motion.' ... 'And generally, where the injury results from the execution of the employment, the master is liable.' "

"Therefore, the issue to be determined here is whether ... the act committed by Slagle was done while acting within the line and scope of his employment. There are generally three tests to determine whether ... one is acting within the line and scope of his employment and whether ... the employer is liable for the acts of the servant. Where there is a slight deviation from the master's business the court may determine as a matter of law that the servant was within the line and scope of the master's business. If the servant has [made] a radical deviation wholly for personal motives or to gratify his personal objectives or desires that is a marked and unusual deviation then the master would not be liable [,] as a matter of law. Cases that fall in between these two boundaries call for the finder of fact to determine the issue. Hendley v. Springhill Memorial Hospital, 575 So.2d 547 (Ala.1990).

"The court finds from the evidence in this case that the actions of Slagle were not in the pursuance of the business of Samford University and that there was a radical deviation or departure from the authority given to him by Samford University.

"The court concludes that the heinous act of murdering another was outside the line and scope of the duties to be performed by him for Samford University and [was] a deviation from the purpose of his employment.

"Therefore, the court finds as a matter of law that there is no genuine issue of any material fact and that Samford University is entitled to a judgment as a matter of...