Walker v. City of Birmingham
| Court | Supreme Court of Alabama |
| Writing for the Court | EMBRY; BEATTY; HEFLIN; BLOODWORTH; JONES; HEFLIN |
| Citation | 342 So.2d 321 |
| Parties | Charles WALKER v. The CITY OF BIRMINGHAM, Ala., a Municipal Corp., et al. Sarah M. WALKER v. The CITY OF BIRMINGHAM, Ala., a Municipal Corp., et al. SC 1706 and SC 1707. |
| Decision Date | 10 December 1976 |
Page 321
v.
The CITY OF BIRMINGHAM, Ala., a Municipal Corp., et al.
Sarah M. WALKER
v.
The CITY OF BIRMINGHAM, Ala., a Municipal Corp., et al.
Rehearing Denied March 4, 1977.
W. Eugene Rutledge, Rutledge & Pruett, Birmingham, for appellants.
J. M. Breckenridge, Birmingham, for appellee.
Page 322
EMBRY, Justice.
Here, we decide if, when one purchases an admission ticket to a public municipal zoo, there arises an implied contract that the walkways in the zoo will be maintained in a reasonably safe condition. A contract arises under these circumstances, and therefore we reverse the summary judgments entered in behalf of the City of Birmingham.
Sarah Walker entered Jimmy Morgan Zoo in Birmingham after paying an admission fee at the gate. While walking on a paved walkway within the Zoo she allegedly stepped into a hole, fell, and sustained injuries resulting in alleged 'permanent disability' to her back.
Mrs. Walker filed suit against the City of Birmingham (as did her husband for his derivative cause of action). Three counts of her complaint were based upon negligence theories for the City's failure to properly maintain, inspect and repair the walkway. The fourth alleges the City of Birmingham breached an implied contract that the premises would be maintained in a reasonably safe condition.
The trial court granted defendant's motion for summary judgments on the basis that maintenance of a public park is a governmental function, thereby rendering the City immune from civil liability in connection with the operation of such park, by virtue of Code, Tit. 62, §§ 660 and 729. The Walkers appeal from the summary judgments. We reverse and remand.
The injury in this case occurred October 1, 1972, almost three years before the decision in Jackson v. City of Florence, 294 Ala. 592, 320 So.2d 68 (1975). Thus, at the time of the alleged tort, municipal immunity existed, and the tort actions are precluded by the prospective application of Jackson. Horton v. Northeast Alabama Regional Medical Center, Inc., Ala., 334 So.2d 885 (1976).
An action based on a contract, implied in fact, can be maintained against the City in this case. Count Four states a claim for breach of an implied contract to provide walkways in suitable condition for use by the plaintiff when she was at the zoo. The breach is stated to consist of allowing a defect in the walkway to exist, as a proximate consequence of which plaintiff fell and was injured. It alleges the implied contract and its breach sufficiently to state a claim for relief. Sims v. Etowah County Board of Education, 337 So.2d 1310 (Ala. 1976); Berry v. Druid City Hospital Board, Ala., 333 So.2d 796 (1976); Rule 8(a), ARCP.
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Churchill v. Pearl River Basin Development Dist., No. 07-CA-59194
...be performed by the proprietor or he must respond in damages for breach of contract. Id. at 1314. See also, Walker v. City of Birmingham, 342 So.2d 321, 322 Thus, in an action brought for injuries sustained when a bleacher collapsed during a high school football game for which Mr. and Mrs. ......
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United Council of Loxley, Inc. v. City of Loxley
...if it breaches its contract. Hendrix, Mohr & Yardley, Inc. v. City of Daphne, 359 So.2d 792 (Ala.1978); Walker v. City of Birmingham, 342 So.2d 321 (Ala.1976); Bethune v. City of Mountain Brook, 293 Ala. 89, 300 So.2d 350 (1974); Alabama Water Co. v. Wilson, 214 Ala. 364, 107 So. 821 The tr......
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City of Birmingham v. Blount County
...614, 320 So.2d 631 (1975); Wilson v. Dothan City Bd. of Education, 295 Ala. 61, 322 So.2d 708 (1975). In Walker v. City of Birmingham, 342 So.2d 321 (Ala.1976), this Court overturned a ruling that had made Birmingham immune from suit for injuries arising on sidewalks in its public parks. Th......
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Ex parte City of Gulf Shores, 1200366
...the city had negligently maintained the sidewalk located within the park. The Court in Brasher relied on Walker v. City of Birmingham, 342 So.2d 321 (Ala. 1976), which Ronald also cited in his response. Noting the "somewhat atypical posture" of the decision in Walker, the Court in Brasher c......
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Churchill v. Pearl River Basin Development Dist., No. 07-CA-59194
...be performed by the proprietor or he must respond in damages for breach of contract. Id. at 1314. See also, Walker v. City of Birmingham, 342 So.2d 321, 322 Thus, in an action brought for injuries sustained when a bleacher collapsed during a high school football game for which Mr. and Mrs. ......
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United Council of Loxley, Inc. v. City of Loxley
...if it breaches its contract. Hendrix, Mohr & Yardley, Inc. v. City of Daphne, 359 So.2d 792 (Ala.1978); Walker v. City of Birmingham, 342 So.2d 321 (Ala.1976); Bethune v. City of Mountain Brook, 293 Ala. 89, 300 So.2d 350 (1974); Alabama Water Co. v. Wilson, 214 Ala. 364, 107 So. 821 The tr......
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City of Birmingham v. Blount County
...614, 320 So.2d 631 (1975); Wilson v. Dothan City Bd. of Education, 295 Ala. 61, 322 So.2d 708 (1975). In Walker v. City of Birmingham, 342 So.2d 321 (Ala.1976), this Court overturned a ruling that had made Birmingham immune from suit for injuries arising on sidewalks in its public parks. Th......
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Ex parte City of Gulf Shores, 1200366
...the city had negligently maintained the sidewalk located within the park. The Court in Brasher relied on Walker v. City of Birmingham, 342 So.2d 321 (Ala. 1976), which Ronald also cited in his response. Noting the "somewhat atypical posture" of the decision in Walker, the Court in Brasher c......