Hand v. Greensprings Storage

• Decision Date: 14 June 1996
• Citation: 678 So.2d 1187
• Parties: Leigh C. HAND v. GREENSPRINGS STORAGE. 2950608.
• Court: Alabama Court of Civil Appeals

Page 1187

678 So.2d 1187

Leigh C. HAND v. GREENSPRINGS STORAGE.

2950608.

Court of Civil Appeals of Alabama.

June 14, 1996.

James H. McFerrin, Birmingham, for Appellant.

Walter J. Price III of Huie, Fernambucq & Stewart, Birmingham, for Appellee.

L. CHARLES WRIGHT, Retired Appellate Judge.

Leigh Hand appeals from a summary judgment entered in favor of Greensprings Storage. This case is before us pursuant to § 12-2-7(6), Code 1975.

This case involves an automobile accident which occurred on August 24, 1993. A vehicle driven by John Kelly allegedly struck the vehicle operated by Hand.

In December 1993 Hand filed an action against John Kelly and Greensprings Storage, alleging that Kelly was an employee or agent of Greensprings Storage and that at the time of the accident, Kelly was driving a truck owned by Greensprings Storage. John Kelly was never served with the complaint.

Greensprings Storage filed a motion for a summary judgment. The motion was supported by an affidavit of John Overby, the president of the corporation that operates Greensprings Storage. Overby averred as follows:

"Greensprings Storage is owned by Milton Dommitt. Greensprings Storage is not incorporated. Greensprings Storage is in the self-storage business and it does not own or rent any trucks or other vehicles. In addition, Greensprings Storage did not own or rent any trucks or other vehicles on August 24, 1993. Greensprings Storage does not have any employees and did not have any employees on August 24, 1993."

In response to Greensprings Storage's motion, Hand filed an affidavit, in which she stated the following:

"Milton Dommitt came to the scene of the accident and told me that his company, Greensprings Storage, was responsible for the accident and would take care of all expenses. I had been told during my inspection, which was prior to the accident, that Mr. Dommitt was the owner of Greensprings Storage and other businesses located within the same location. It was made clear to me from the conversation with Mr. Dommitt that Mr. Kelly was either an employee or agent of Greensprings Storage."

The trial court found that there was no genuine issue of fact and that Greensprings Storage was entitled to a summary judgment as a matter of law.

A motion for a summary judgment may be granted when there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. McDonald v. Servpro, 581 So.2d 859 (Ala.Civ.App.1991). If the moving party makes a prima facie showing that no genuine issue of material fact exists and that it is entitled to a judgment as a matter of law, the burden shifts to the nonmovant to go forward with evidence demonstrating the existence of a genuine issue of fact. Grider v. Grider, 555 So.2d 104 (Ala.1989). In order to defeat a properly supported summary judgment motion, the...