Sellers v. Sexton

• Decision Date: 25 January 1991
• Citation: 576 So.2d 172
• Parties: Robert E. SELLERS, individually and as administrator of the Estate of Alicia Carol Sellers, deceased, v. Melanie D. SEXTON. 89-1707.
• Court: Alabama Supreme Court

Page 172

576 So.2d 172

Robert E. SELLERS, individually and as administrator of the Estate of Alicia Carol Sellers, deceased, v. Melanie D. SEXTON.

89-1707.

Supreme Court of Alabama.

Jan. 25, 1991.

David B. Byrne, Jr. and Steven J. Giardini of Robison & Belser, Montgomery, for appellant.

E. Hamilton Wilson, Jr. of Ball, Ball, Matthews & Novak, Montgomery, for appellee.

MADDOX, Justice.

The plaintiff in this wrongful death action appeals from a summary judgment for the defendant. The trial judge entered that judgment because he believed that Alabama's Guest Statute barred the plaintiff's negligence claim and that there was no wantonness shown, as a matter of law.

The facts are as follows:

Melanie Sexton and Alicia Sellers, both from Montgomery, were enrolled as first-year students at Judson College in Marion, Alabama, for the fall 1987-88 school term. It was their custom to ride together to and from Judson College and their homes in Montgomery. They would ride together on at least three out of four weekends. They would use Melanie Sexton's automobile, and, when they arrived at Montgomery, Alicia's mother would pay Melanie $10.00 to help cover the expenses.

The accident in question occurred at approximately 12:50 p.m. on January 8, 1988, on the second of a series of three bridges located between links 1040 and 1044 on County Road 6 in Perry County, Alabama. For several days prior to January 8, travel advisories had been issued because of expected inclement weather and the possibility of freezing precipitation. Sometime on the afternoon of January 7, in anticipation of this inclement weather, the Perry County engineer's office placed a coarse type of slag on several bridges in Perry County. This included the bridge on which this accident occurred.

On the weekend of January 8-10, 1988, Alicia and Melanie were scheduled to go on a school-sponsored ski trip. However, the ski trip was canceled because of the predicted bad weather. Because their trip had been canceled, they decided to return to Montgomery. They proceeded toward Montgomery on their usual route--south on Alabama Highway 45, and then east on County Road 6. Melanie Sexton was driving at or about the maximum legal speed of 55 m.p.h. when she crossed the first of the three bridges on County Road 6. Melanie acknowledged that there was loose rock/stone on that bridge, that she believed that it was on the bridge because of pending bad weather, and that she did not slow down as she approached the second bridge. She further acknowledged that she normally slowed down before entering this bridge because of a wide curve to the left.

Upon entering the second bridge, Melanie lost control of her car, first pulling to the right and then, in an attempt to correct the direction of the vehicle, steering to the left and traveling completely into the lane of oncoming traffic. In attempting to correct her direction a second time, she over-steered to the right, then braked. The vehicle then went straight, hitting the right-hand guard rail. The vehicle bounced off the rail, swerved to the left, rotating counterclockwise directly into the path of an oncoming truck; the right passenger side of the Sexton vehicle hit the left front of the truck.

Alicia Sellers was killed as a result of the collision. Her father, Robert Sellers, as administrator of her estate, filed a wrongful death action against Melanie Sexton, alleging both negligence and wantonness. Plaintiff now appeals from Melanie Sexton's summary judgment.

The plaintiff first contends that the trial court erred in relying on the Alabama Guest Statute as basis for the summary judgment as to the negligence claim. Our Guest Statute, § 32-1-2, Code of Alabama (1975), provides:

"The owner, operator or person responsible for the operation of a motor vehicle shall not be liable for loss or damage arising from injuries to or death of a guest while being transported without payment therefor in or upon said motor vehicle, resulting from the operation thereof, unless such injuries or death are caused by the willful or wanton misconduct of such operator, owner or person responsible for the operation of said motor vehicle."

This section does not define the term "guest," but instead, leaves it up to the court to determine who is and who is not a guest. Roe v. Lewis, 416 So.2d 750 (Ala.1982); Harrison v. McCleary, 281 Ala. 87, 199 So.2d 165 (1967). Several Alabama cases have held that, unless reasonable minds can reach but one conclusion from the uncontroverted facts, the dispute is a question of fact to be determined by the jury. McDougle v. Shaddrix, 534 So.2d 228 (Ala.1988); Harrison v. McCleary, 281 Ala. 87, 199 So.2d 165 (1967); Zemczonek v. McElroy, 264 Ala. 258, 86 So.2d 824 (1956); Wagnon v. Patterson, 260 Ala. 297, 70 So.2d 244 (1954).

The general rule is that if the transportation of a rider confers a benefit only on the person to whom the ride is given, and no benefits other than such as are incidental to hospitality, goodwill or the like on the person furnishing the transportation, the rider is a guest. However, if his carriage tends to promote the mutual interest of both himself and the driver for their common benefit, thus creating a joint business relationship between...