Hickox v. Vester Morgan, Inc.

• Decision Date: 30 September 1983
• Citation: 439 So.2d 95
• Parties: I.N. HICKOX, Unit Manager, Citronelle Unit v. VESTER MORGAN, INC. 81-922.
• Court: Alabama Supreme Court

Page 95

439 So.2d 95

I.N. HICKOX, Unit Manager, Citronelle Unit v. VESTER MORGAN, INC.

81-922.

Supreme Court of Alabama.

Sept. 30, 1983.

Edward G. Hawkins and Douglas L. Brown of Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, Mobile, for appellant.

Horace Moon, Jr. and William G. Jones, III, Mobile, for appellee.

BEATTY, Justice.

Defendant appeals from a $40,000.00 judgment entered in favor of the plaintiff for damages to plaintiff's property following an oil spill and as a result of the defendant's oil operations on plaintiff's land. The defendant claims error by the Circuit Court of Mobile County in its denial of his post-trial motions and in the trial court's submission of certain issues to the jury. We affirm.

The plaintiff, Vester Morgan, Inc. (Morgan), filed a complaint against I.N. Hickox, Unit Manager, Citronelle Unit, seeking the recovery of damages as a result of several events which took place on plaintiff's property. The property involved is a 40-acre tract of land in Mobile County in which the mineral and surface rights have been severed. Morgan is the owner of the surface rights.

Hickox, the legal representative of the Citronelle Unit (a large group of oil and gas producers who operate the unit field for the mutual benefit of the group as a whole) is engaged in the extraction of oil and gas on the Morgan property. This property is included in the Citronelle Unit. On or about December 15, 1980, a power oil line belonging to the Citronelle Unit erupted and caused a spill of approximately 30 barrels of oil on property northwest of the Morgan property. The oil entered a small creek which carried it into low lying areas on the Morgan property. A road was bulldozed down a hill to the creek by Hickox in an attempt to reclaim the oil. Morgan was not informed of the spill, but discovered it when on the property during Christmas holidays. The defendant claims every effort was made to protect and restore the land following the spill.

The plaintiff, however, not satisfied with the way the spill and resulting clean-up were handled, and because of other events which had occurred on his property, filed this lawsuit. The complaint as amended sought recovery for damages on several counts and reads in pertinent part as follows:

"FIRST CAUSE OF ACTION

"1. Heretofore and on, to-wit, November or December, 1980, Defendant I.N. Hickox, Unit Manager, Citronelle Unit, A, B and C as owners of the pipeline running over and across properties of the Plaintiff, did so negligently maintain said line as to allow it to get into a state of disrepair and as a result of said negligence said pipeline burst, came disconnected, or otherwise erupted to cause an oil leak or spill onto, over and upon the lands of the Plaintiff.

"2. As a direct and proximate result of the negligence of Defendants as aforesaid, and the resulting oil leak or spill therefrom, Plaintiff's lands were injured and damaged in that they were sprayed with oil, trees and shrubbery were damaged and injured natural water flow across Plaintiff's property was polluted by oil and Plaintiff's property was rendered of less value.

"...

"SECOND CAUSE OF ACTION

"...

"2. Heretofore and on, to-wit, December 15, 1980, said Defendants did trespass upon Plaintiff's land in violation of any privilege or license possessed by them in that during December, 1980, said Defendants did allow oil to flow over and upon Plaintiff's property, brought heavy equipment onto Plaintiff's property, i.e., a bulldozer or other similar type of equipment, and on property of the Plaintiff did excavate lands, remove trees, grass, shrubbery and other natural growth in an area approximately thirty (30) feet in width by one hundred (100) yards in length. That as a result of Defendants' direct trespass in violation of Plaintiff's possessory rights and right to peaceful enjoyment of said property, and as a further result of the excavation of Plaintiff's property, said property is eroding.

"...

"THIRD CAUSE OF ACTION

"...

"2. Heretofore and on, to-wit, February, 1981, Defendants I.N. Hickox, Unit Manager of Citronelle Unit, and A, B and C were notified of their trespass upon Plaintiff's property and were further notified that as a result of the excavation of Plaintiff's land it was eroding and further deteriorating. Defendants were further notified that the continuous maintenance of a battery of oil tanks, commonly referred to as B-19-10 TB, upon Plaintiff's property was creating a nuisance in that said tanks were rusting, and allowing oil residue to flow out and upon Plaintiff's property. Defendants were further notified that the continued maintenance of a slush pond upon Plaintiff's property was a continued nuisance and was hindering the free use of Plaintiff's properties.

"3. Subsequent to said notice in February, 1981, Defendants in total disregard for the notice given to them in February, trespassed upon Plaintiff's property with heavy equipment, did excavate additional areas of Plaintiff's property consisting of approximately one acre of land and during such excavation did remove trees, shrubbery and other natural growth upon Plaintiff's property and did create another area for erosion of Plaintiff's land. That said trespass by said Defendants was with full knowledge of the notice given to them in February, and was done in a reckless and oppressive manner in total violation of the property rights of Plaintiff."

"FOURTH CAUSE OF ACTION

"1. Heretofore and on, to-wit, June 17, 1981, said Defendants did trespass upon Plaintiff's land in violation of any privilege or license possessed by them in that on that date and subsequent thereto, said Defendants brought heavy equipment on the Plaintiff's property, i.e., a bulldozer or other similar type equipment and on property of the Plaintiff did excavate lands, remove trees, grass, shrubbery, and other natural growth in an area approximately two hundred seventy (270) feet in length by four hundred (400) feet in width.

"...

"FIFTH CAUSE OF ACTION

"...

"2. Plaintiff alleges that the acts of the Defendants during and subsequent to the month of June, 1981, constituted an intentional nuisance in that the Defendants' actions constituted a severe and intentional interference with the use and enjoyment of Plaintiff's property. As a result of the actions of the Defendants, Plaintiff's property has been rendered of less value and Plaintiff has been denied the free and peaceful possession, use and enjoyment of its property.

"...

"SIXTH CAUSE OF ACTION

"...

"2. On, to-wit, June 15, 1981, and subsequent thereto, said Defendants did enter upon Plaintiff's land and, with heavy equipment, did bulldoze or excavate land, remove trees, grass, shrubbery, and other natural growth in an area of approximately 2.5 acres. As a result of Defendants' entry onto Plaintiff's land, in violation of Plaintiff's possessory right to the peaceful enjoyment of its property, and in violation of any easement, license or privilege possessed by the Defendants, the Plaintiff has been denied the use, free and peaceful possession, and enjoyment of its property.

"3. The Plaintiff alleges that the acts of the Defendants constituted an impermissible private condemnation and taking of the Plaintiff's right to and in the peaceful possession, use and enjoyment of Plaintiff's property without just compensation.

"...

"SEVENTH CAUSE OF ACTION

"...

"2. This action is brought pursuant to Section 35-14-1 of the Code of Alabama (1975).

"3. The Defendants, in violation of any privilege or license possessed by them did, on to-wit, June 15, 1981, and subsequent thereto, trespass upon Plaintiff's land and cut down, deaden, girdle, destroy or take away hundreds of trees and saplings of the kind and variety described in Section 35-14-1 of the Code of Alabama (1975).

"4. The Plaintiff alleges that it was owner of the land and trees and that the Defendants' actions were done without the consent of the Plaintiff."

"EIGHTH CAUSE OF ACTION

"...

"2. Heretofore and on, to-wit, December 15, 1980, Defendant I.N. Hickox, Unit Manager, Citronelle Unit, as owner of the pipeline running over and across property at or near property of the Plaintiff, did with gross negligence fail to maintain said pipeline as to allow it to get into a state of disrepair and as a result of said gross negligence, said pipeline burst, came disconnected, or otherwise erupted to cause an oil leak or spill onto, over and upon the lands of the Plaintiff.

"...

"NINTH CAUSE OF ACTION

"...

"2. Heretofore and on, to-wit, December 15, 1980, said Defendants did wantonly trespass upon Plaintiff's land in violation of any privilege or license possessed by them in that during December, 1980, said Defendants did allow oil to flow over and upon Plaintiff's property, brought heavy equipment onto Plaintiff's property, i.e., a bulldozer or other similar type of equipment, and on property of the Plaintiff did excavate lands, remove trees, grass, shrubbery and other natural growth in an area approximately thirty (30) feet in width by one hundred (100) yards in length."

At the close of the plaintiff's evidence, the defendant's motion for a directed verdict was denied by the trial court. Except for the claim for trees cut, the trial court granted Hickox's renewed motion for a directed verdict on Count IV, and on Morgan's private condemnation theory in Count VI. The trial court also denied the plaintiff's attempt to include a gross negligence count by amendment to the complaint; thus Count VIII was stricken. All other claims for relief were submitted to the jury for a determination of damages, including punitive damages where requested.

The defendant claims several errors by the trial court, including the trial court's denial of his motion for judgment notwithstanding the verdict or, in the alternative, an order granting a new trial. Hickox argues on appeal that his motions for directed verdict and for judgment...