Frazier v. Laborers Intern. Union of North America, Local No. 559

• Decision Date: 30 January 1987
• Citation: 502 So.2d 743
• Parties: Clevie Lee FRAZIER, as administratrix of the estate of Lloyd Reese, deceased v. LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL NO. 559, et al. 85-1232.
• Court: Alabama Supreme Court

Page 743

502 So.2d 743

Clevie Lee FRAZIER, as administratrix of the estate of Lloyd Reese, deceased v. LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL NO. 559, et al.

85-1232.

Supreme Court of Alabama.

Jan. 30, 1987.

John L. Cole, Birmingham, for appellant.

James B. Carlson of Rives & Peterson, Birmingham, for appellees.

BEATTY, Justice.

This is an appeal by the plaintiff, Clevie Lee Frazier, in her capacity as administratrix of the estate of Lloyd Reese, from a summary judgment entered in favor of certain defendants in her action for the wrongful death of Lloyd Reese. The trial court made its order final under Rule 54(b), A.R.Civ.P. We affirm.

Plaintiff's decedent, Lloyd Reese, was a member of the Laborers International Union of North America, Local No. 559. On May 4, 1983, Reese was shot and killed during an altercation that broke out in an employment line formed for job registration on Local No. 559's premises. Apparently Reese was not involved in the altercation, but was, nevertheless, struck and killed by a stray bullet. Plaintiff brought this wrongful death action, naming as defendants Columbus Lawson, the man who fired the shot; Local No. 559; and eleven of Local No. 559's officers, individually and as agents of Local No. 559. As to these defendants, except Lawson, plaintiff alleged:

"[They] negligently/wantonly failed to maintain order and provide protection, or control of the conduct of people on their premises after they became aware of the dangerous and highly volatile environment that they had allowed and even encouraged to exist that caused the wrongful death of Lloyd Reese.

"... [They] failed to provide adequate security or protection for [the] union members after they became aware of the highly volatile environment and that they allowed and even encouraged to exist that caused the wrongful death of Lloyd Reese.

"... [They] failed to exercise due care in providing necessary security on their property after they became aware that their practice of having prospective employees line up days before in order to obtain jobs creating a dangerous environment which encouraged violence. Said practice of defendants caused numerous breaches of the peace such as knifings, fights, assaults and batteries, and homicides which had caused injuries before May 4, 1983. Defendants, having knowledge of these facts, failed to take any action to eliminate the peril for [the union's] other members and plaintiff. Defendants' general mode of operation of their premises attract or provide a climate for crime.

"... [They] created and were aware of the conditions of employment such that they invite attack upon the union members by creating highly unusual and unreasonable exposure to danger without the employment of reasonable protective measures.

"... [And they] knowingly and negligently/wantonly failed to provide adequate security at to-wit; 1229 22nd Street, North, Birmingham, Jefferson County, Alabama, and by their mode of operations in employment procedure on their premises attracted and provided a climate for crime which resulted in the assault and battery on Lloyd Reese."

These defendants moved for summary judgment, arguing that they were under no duty to protect plaintiff's decedent from criminal attack. In support of their motion, defendants submitted the affidavits of defendants Willie W. Ball, business manager for Local No. 559, and Joe Nathan Black, secretary-treasurer and assistant business manager for Local No. 559. Both of these defendants stated that due to the nature of their respective duties and responsibilities, each was familiar with and had knowledge of the "practices and methods utilized for registration of members and others in Local No. 559 prior to, and on the date of, the accident made the basis of [this] lawsuit." Those practices and methods were described as follows:

"On May 4, 1983, and every Wednesday prior to that date, for approximately one year's time, it was customary for local union members to register for jobs. Registration would begin at noon, and the men seeking employment would form a line outside our offices."

Mr. Ball, who was not present on the day of Lloyd Reese's shooting, stated that he had "been present on many occasions preceding the date in question and [could] verify that there [had] been no fights or fist fights, stabbings or gunshots which have caused injury or disruption during this employment procedure." He further stated that, to his knowledge, the police had never been summoned to the Local No. 559 location to quell any major disturbance, fight, or argument, or to respond to a call for medical assistance for someone injured by another person while standing in the registration line. Mr. Ball conceded that there had been arguments among union members while standing in line, but he stated that "these disagreements [had] always been handled amicably and without incident."

Mr. Black, who was present on the day of Lloyd Reese's shooting, stated that he, too, was present on many other preceding Wednesdays, that he had been employed by Local No. 559 for approximately 12 years, and that, to his knowledge, this shooting was the first serious incident that ever occurred in the registration line.

In opposition to the defendants' motion for summary judgment, plaintiff submitted the affidavit of Floyd Reese, brother of the decedent, who is also a member of Local No. 559. Floyd Reese stated that he was present on the date of his brother's shooting, and had been present "on many occasions preceding [that] date." Floyd Reese further stated that he could, therefore,

"verify that there had been fights or fist rights, and guns have been drawn which have caused injury or disruption during this employment procedure. To my knowledge, the police have been summoned to the Labor Local 559 location to quell these disturbances, fights, arguments, or respond to a call where someone needed medical assistance as a result of any injury inflicted by another while standing in the registration line."

The trial court granted defendants' motion and this appeal followed.

Plaintiff makes two arguments. First, she contends that her decedent, Lloyd Reese, could be considered an employee of the defendants, and that this determination is a question of fact precluding summary judgment. Plaintiff argues that, if Reese was deemed to be an employee, this Court's decision in Parham v. Taylor, 402 So.2d 884 (Ala.1981), would apply to this case. In Parham, this Court followed a decision from the Kentucky Court of Appeals and held:

" 'When conditions of employment are such that they invite attack upon employees by creating highly unusual and unreasonable exposure to danger without the employment of reasonable protective...