Thompson v. Lee
| Decision Date | 30 September 1983 |
| Citation | 439 So.2d 113 |
| Parties | Helen THOMPSON and Glen Thompson v. Harvey LEE, et al. 82-21. |
| Court | Alabama Supreme Court |
John A. Henig, Jr. and Albert W. Copeland of Copeland, Franco, Screws & Gill, Montgomery, for appellants.
Randall C. Morgan of Hill, Hill, Carter, Franco, Cole & Black, Montgomery, for appellee Harvey Lee.
J. Anthony McLain of McLain & Hampton, Montgomery, for appellee Ragsdale Cabinet Shop.
This is an appeal from a summary judgment granted in favor of a manufacturer and a painter in a negligence action.
On October 21, 1980, Helen Thompson, while accompanied by her husband, parents, and a realtor, toured a townhouse as a business invitee of David W. Thames, Inc. (Thames), the owner of this residential unit. During her inspection, Helen attempted to open a kitchen cabinet and the cabinet door fell and struck her on the head and arm. Immediately after the accident, Helen's father and husband examined the cabinet door and discovered that no screws or other devices were affixed to the door to secure it to the cabinet.
Ragsdale Cabinet Shop (Ragsdale) contracted with Thames to manufacture and deliver the cabinet in question. The cabinet was constructed on an assembly line where a Ragsdale employee would affix screws and hinges to the cabinet door. The cabinet would then be placed upright and a wooden strip nailed across the door to prevent the cabinet from opening during transit. A Ragsdale employee inspected the cabinet before delivery to Thames and found no defects in its construction. Upon delivery of the cabinet to Thames, Ragsdale had no further contact with the cabinet.
After delivery, Gerald Dennis, a subcontractor of Thames, nailed the cabinet to the townhouse kitchen wall. Upon completion of this task, Dennis reported no defects in the cabinet door to Thames. Another Thames subcontractor, Harvey Lee, then applied a sealant to the inside and outside of the cabinet. Although Lee employed four other workers to aid in the three-step process, Lee himself applied the final coat of sealant to the cabinet, a process which he would not have performed if the cabinet door was not properly secured to the cabinet. After a final inspection which revealed no defects, Lee had no further contact with the cabinet.
Thames then employed another worker to affix pulls to the cabinet door. This worker reported no defects in the cabinet to Thames. Both Thames and a Veterans Administration official then inspected the townhouse before the Thompsons toured the facility, and neither person reported any defects in the cabinet.
On October 21, 1980, Helen and Glen Thompson filed suit in Montgomery county circuit court to recover damages for the personal injuries sustained by Helen while on the townhouse premises and for the loss of Helen's services and companionship sustained by Glen as a result of Helen's injury. Their complaint alleged that the concurring negligence of Thames, Ragsdale, Dennis, and Lee in negligently constructing, staining, or installing the cabinet in question, or negligently supervising that work on the cabinet, proximately caused the Thompsons' injuries. Gerald Dennis was never personally served with process and was thus never a party to the action. The remaining defendants filed timely answers, and the court denied Thames and Ragsdale's motion to dismiss. On April 7, 1982, the United States of America was added as a party plaintiff to recover the cost of medical and hospital services rendered by the United States to Helen as a result of her injuries.
Lee and Ragsdale both filed motions for summary judgment based on the pleadings, affidavits, and briefs submitted in support of their motions. On June 22, 1982, the trial court entered an order of dismissal pro tanto which dismissed Thames with prejudice and reserved the Thompsons' right to proceed against Lee and Ragsdale. The trial court subsequently granted both Lee and Ragsdale's motions for summary judgment. The Thompsons' motion to alter, amend or vacate this judgment was denied, and they filed a notice of appeal to this Court.
The Thompsons contend that the juxtaposition of an...
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