Grider v. Grider
Decision Date | 01 December 1989 |
Citation | 555 So.2d 104 |
Parties | Jack GRIDER and Alice Grider v. Rev. James Martin GRIDER. 88-760. |
Court | Alabama Supreme Court |
Bryan G. Duhe, Mobile, for appellants.
Charles J. Potts of Barker, Janecky & Copeland, Mobile, for appellee.
This is an appeal by the plaintiffs, Jack and Alice Grider, from a summary judgment in favor of the defendant, Rev. James Martin Grider. We affirm.
On September 2, 1987, plaintiff Jack Grider was injured when he stepped on two nails as he was loading plywood onto a truck. Rev. Grider, the plaintiff's father, had called the plaintiff and asked him to remove some plywood from his property. The plywood was part of a deck that had been dismantled by Rev. Grider that he planned to use in another location.
When Rev. Grider dismantled the deck, he stacked the lumber into two stacks in no discernible order. He removed some of the nails and placed them in a wheelbarrow. Rev. Grider did not finish removing all of the nails before the plaintiff came to remove the plywood.
The plaintiff, accompanied by a friend, loaded the first stack of plywood. As the plaintiff loaded the first stack, he noticed that all the nails had been removed from the plywood. While in the process of loading the second stack of plywood, plaintiff stepped on two nails located in a board near the second stack.
On September 7, 1988, Jack and Alice Grider filed suit against Rev. Grider, seeking damages for injuries Jack Grider received when he stepped on the nails. Mrs. Grider filed a claim for loss of consortium as a result of her husband's injury. The plaintiffs alleged that Rev. Grider failed to use reasonable care in maintaining his premises and had thereby failed to keep them in a safe and suitable condition.
Rev. Grider moved for summary judgment and supported his motion with excerpts from the depositions of the parties. The trial court granted the motion, concluding that there was no genuine issue of material fact and that Rev. Grider was entitled to a judgment as a matter of law. Rule 56(c), A.R.Civ.P. This appeal followed.
In reviewing the summary judgment, we note that this case was filed after June 11, 1987; therefore, the "substantial evidence rule" is the applicable standard in this case. The "scintilla rule" was abolished by the legislature effective June 11, 1987, as to cases filed after that date. Ala.Code 1975, § 12-21-12. The act abolishing the scintilla rule did not change the procedure for handling the burden of going forward with the evidence. Therefore, if the moving party makes a prima facie showing that no genuine issue of material fact exists, then the burden of going forward with the evidence still shifts to the nonmovant; however, the burden is now greater than in the past, because the nonmovant must show "substantial evidence"--rather than simply a scintilla--in support of his position. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989).
The plaintiffs argue that Rev. Grider breached a duty to warn Jack Grider of a dangerous condition caused by the presence of the nails. Rev. Grider, as a landowner, owed a duty of care to one coming onto his property by express invitation. The extent of that duty is dependent upon the plaintiff's status as a licensee, an invitee, or a trespasser.
The plaintiffs contend that Jack Grider held the status of a business invitee on the day he was injured. In order to determine that Jack Grider was a business invitee, we must find that he entered onto Rev. Grider's property for a purpose that was of material or commercial benefit to Rev. Grider, or of mutual benefit to the two of them. Knight v. Seale, 530 So.2d 821, 822 (Ala.1988); Autry v. Roebuck Park Baptist Church, 285 Ala. 76, 229 So.2d 469 (1969). Rev. Grider derived a material benefit from having the plaintiff remove the boards from his property. We agree that the evidence indicates that on the day of Jack Grider's injury, he held the status of an invitee.
In Quillen v. Quillen, 388 So.2d 985 (Ala.1980), the defendant asked the plaintiff, his brother, to help him erect an antenna. At one time the plaintiff had been engaged in the business of television installation and repair. After he had installed the antenna and while he was descending from the roof, the ladder slipped from under him, causing him to fall 12 or 13 feet to the ground.
In Quillen, we clearly expressed the standards applicable to the duty owed an invitee:
388 So.2d at 989 (emphasis original).
We are of the opinion that in this case, the nails, being in an area where a deck had been dismantled, constituted an open and obvious danger on the defendant's property, which the plaintiff, in the exercise of reasonable care, should have recognized. In his deposition, Jack Grider testified that he knew nails were present in the area:
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