Hughes v. Hughes

Decision Date02 March 1979
Citation367 So.2d 1384
PartiesJames HUGHES v. C. E. HUGHES, Alabama Power Company, a corporation, and United States Fidelity& Guaranty Company, an insurance corporation. 77-381.
CourtAlabama Supreme Court

John A. Taber, Greenville, for appellant.

Alan C. Livingston, of Lee & McInish, Dothan, for appellees.

MADDOX, Justice.

This is an appeal of the trial court's judgment granting directed verdicts in favor of Alabama Power Company, and its Workmen's Compensation carrier, United States Fidelity and Guaranty Company.

James Hughes was an employee of Daniel Construction Company (Daniel), which was building the Farley Nuclear Power Plant in Houston County. He was working on a scaffold when he slipped on debris scattered about the work area, and injured his back. He eventually had surgery to remove a ruptured disc.

Hughes claimed: (1) that the contract between Alabama Power and Daniel was worded in such a manner that Alabama Power was, in fact and in law, the prime contractor of the construction project and Daniel was a subcontractor; therefore, Alabama Power had a duty to provide him, as one of Daniel's employees, with a safe place to work, the negligent breach of which caused his injury; and (2) that USF&G had undertaken to inspect the construction area and to provide safety engineering services, but that it had failed to inspect, report on, or render in a safe condition the lights or scaffold on which he was working and that he was injured as a result of that negligence.

Directed verdicts were granted to both Alabama Power and USF&G.

I

As previously indicated, Hughes claimed that Alabama Power was the prime contractor on the project, not just the owner. He argues, therefore, that the duty Alabama Power owed was the duty of providing the employees of its subcontractors a safe place to work.

The issue here then is whether Alabama Power and Daniel were in an owner-independent contractor relationship or in a prime contractor-subcontractor relationship.

This Court has recognized that:

" 'It is the reserved right of control rather than its actual exercise that furnishes the true test of whether the relation between the parties is that of an independent contractor or of employer and employee master and servant. Moore-Handley Hardware Co. v. Williams, 238 Ala. 189, 189 So. 757.' Solmica of Gulf Coast, Inc. v. Braggs, 285 Ala. 396, 232 So.2d 638 (1970)." Hodges & Company v. Albrecht, 288 Ala. 281, 259 So.2d 829 (1972).

The question for the trial court was whether Alabama Power retained the right to direct the manner in which Daniel performed its construction work. Solmica of Gulf Coast, Inc. v. Braggs, 285 Ala. 396, 232 So.2d 638 (1970).

Hughes argues that he presented at least a scintilla of evidence that Alabama Power did, in fact retain the right to control Daniel. In order to determine whether a jury issue was made as to the relationship between the parties, we have examined the record, and we conclude that there was not a scintilla of evidence that Alabama Power exercised any authority or control over the work performed by Daniel. Hughes contends that the contract between Alabama Power and Daniel itself shows the retained right of control. We disagree. The contract terms do not show the existence of any relationship other than that of owner and independent contractor. This Court has often stated that when the terms of a contract are clear and unambiguous, it is incumbent upon the trial court to analyze and determine the force and effect of those terms, as a matter of law. Johnson-Rast & Hays, Inc. v. Cole, 294 Ala. 32, 310 So.2d 885 (1975); Metzger Bros., Inc. v. Friedman, 288 Ala. 386, 261 So.2d 398 (1971).

Alabama Power, as the owner of the premises, was charged with certain duties under the contract. These duties have been discussed recently in Chrysler Corporation v. Wells, 358 So.2d 426 (Ala.1978). Quoting the well-established rule, this Court stated:

" 'The owner of premises is not responsible to an independent contractor for injury from defects or dangers which the contractor knows of, Or ought to know of. But if the defect or danger is hidden and known to the owner, and neither known to the contractor, nor such as he ought to know, it is the duty of the owner to warn the contractor, and if he does not do this he is liable for resultant injury. Crawford Johnson & Co. v. Duffner, 279 Ala. 678, 189 So.2d 474 . . . .' (Emphasis supplied). ((Veal v. Phillips ) 285 Ala. (655) at 656, 235 So.2d (799) at 802)."

Applying this test, we conclude that Hughes failed to provide a scintilla of evidence to show that Alabama Power breached a duty owed to him because the undisputed evidence is that Hughes was an employee of Daniel, who we have determined, under the evidence, was the prime contractor. Hughes was working upon scaffolding supplied and erected by Daniel and engaged in a project supervised by Daniel. It is clear from Hughes' own testimony that he knew about the debris at his feet. It had been left there by the previous shift. The owner of premises owes no duty of care to the employees of an independent contractor with respect to conditions arising in the progress of the work on the contract. United States Cast Iron Pipe and Foundry Co. v. Fuller, 212 Ala. 177, 102 So. 25 (1924).

Hughes claims that his theory of recovery is supported by Alabama Power Co. v. Henderson, 342 So.2d 323 (Ala.1976). We do not agree. There, the evidence showed that Alabama Power, as owner of the premises, retained active control over the manner in which the work was to be performed by the independent contractor. The facts here are different. There is no evidence that Alabama Power exercised control over the performance of the work by Daniel in this case.

Having found that the plaintiff failed to present evidence establishing a duty owed by Alabama Power Company, we conclude that the trial court was correct in granting Alabama Power's motion for a directed...

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    ...Ins. Co., 472 So.2d 1041, 1042-43 (Ala.1985). Essentially, the duty, once assumed, is one of inspecting and reporting. Hughes v. Hughes, 367 So.2d 1384 (Ala.1979). Judge Acker, who, before being appointed to the federal bench, argued the touchstone negligent inspection case, Beasley v. MacD......
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    ...must be distinguished. In each of those cases, Glover v. Silent Hoist and Crane Co., 471 F.Supp. 457 (N.D.Ala.1979), and Hughes v. Hughes, 367 So.2d 1384 (Ala.1979), the insurance carrier's employee had discovered and reported the hazardous condition to the plaintiff's employer as a consequ......
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    ...to the employees of an independent contractor with respect to conditions arising in the progress of work on the contract. Hughes v. Hughes, 367 So.2d 1384 (Ala.1979). The test for whether such an owner will be viewed as a prime contractor is whether the owner reserved the right of control o......
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    ...Thompson v. City of Bayou La Batre, 399 So.2d 292 (Ala.1981); Pate v. United States Steel Corp., 393 So.2d 992 (Ala.1981); Hughes v. Hughes, 367 So.2d 1384 (Ala.1979); Evans v. Kendred, 362 So.2d 206 (Ala.1978); Chrysler Corp. v. Wells, 358 So.2d 426 (Ala.1978). As a general rule, because t......
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