Williams v. Newton

• Decision Date: 29 April 1988
• Citation: 526 So.2d 18
• Parties: Frances Louise WILLIAMS v. Sam NEWTON d/b/a Sam Newton Insurance Agency. 87-204.
• Court: Alabama Supreme Court

Page 18

526 So.2d 18

Frances Louise WILLIAMS v. Sam NEWTON d/b/a Sam Newton Insurance Agency.

87-204.

Supreme Court of Alabama.

April 29, 1988.

J. Wilson Mitchell of Colebeck, Yates & Mitchell, Florence, for appellant.

Kimberly A. Norris of Gonce, Young & Westbrook, Florence, for appellee.

HOUSTON, Justice.

This case involves a slip and fall accident. The plaintiff, Frances Louise Williams, appeals from a summary judgment in favor of the defendant, Sam Newton Insurance Agency. We reverse and remand.

Sam Newton owns and operates the Sam Newton Insurance Agency in Lexington, Alabama. On February 13, 1986, Williams parked her car in Newton's parking lot and entered his office through the front door. It is undisputed that Williams was a business invitee. As she left, after exiting the front door, she took two steps and slipped on a patch of ice and fell. Thereafter, she sued Newton for damages, alleging that Newton had negligently and/or wantonly failed to maintain his business premises in a reasonably safe condition and that his negligence and/or wantonness had caused serious injury to her. The trial court granted Newton's motion for summary judgment, and Williams appeals.

The question here is whether the summary judgment was proper. Summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. Rule 56(c), A.R.Civ.P. All reasonable doubts as to the existence of a question of fact must be resolved in favor of the non-moving party. Fountain v. Phillips, 404 So.2d 614 (Ala.1981).

Williams's affidavit, in pertinent part, reads as follows:

"On Monday, February 10, 1986, an ice storm struck the community of Lexington, Alabama. By Thursday, February 13, 1986, the ice had begun to melt, the roads were clear, and could be driven on.

"On February 13, 1986, I drove to Sam Newton's Insurance Agency, not to use the phone, but rather to get Sam Newton to determine whether he could get me a homeowner's insurance policy. "I did not notice any ice when I drove into the parking lot of Sam Newton's Insurance Agency. I did not notice any ice when I got out of my car. I did not notice any ice as I walked from my car into the premises of Sam Newton's Insurance Agency.

"While inside Sam Newton's Insurance Agency, no one warned me about either the presence or the possibility of the presence of ice just outside the door of the Agency, and I assumed it would be relatively safe around the entrance area.

"When I left the Agency to go back to my car, I was watching where I was going. On about my second step outside the door, I slipped and had a hard sit-down fall on the pavement.

"After I fell, I looked to see what had caused it, and noticed a clear patch of ice; but that ice was not visible unless you knew where to look for it. Mr. Newton assisted me after my fall, offering to buy me some new shoes since mine were damaged by the fall, and offering to let me use his telephone."

Newton's affidavit, in pertinent part, reads as follows:

"The entrance to my insurance office consists of a front door and an asphalt paved area which opens into a parking lot.

"On February 12, 1986, an ice storm struck the Lexington community and the area was coated with ice. There was ice on the roadways, on the trees, on houses, driveways, and in parking lots in the Lexington community. There was ice on the parking lot and the area near the entrance of my insurance office. The parking lot and entrance is paved with asphalt and is in good condition especially in the area directly in front of the entrance. The ice which covered the area during that time was readily visible and persons entering my office walked over the ice to enter.

"On February 13, 1986, at approximately 1:00 p.m., Frances Louise Williams came into my office to use the telephone. Mrs. Williams walked over the ice to enter my office. I was present at the office at the time and had talked with her. After Mrs. Williams left, I heard her say something outside and when I went outside she stood up and we talked together by her car for about fifteen minutes. I did not actually see Mrs. Williams fall. Mrs. Williams came back inside the building and removed mud from her coat and used the telephone again for about five minutes during which the whole time she stood. I asked Mrs. Williams if she was hurt and she said she was not injured.

"....

"The snowy and icy weather conditions at the time Mrs. Williams claims to have fallen in my parking lot were evident to everyone in the Lexington community."

It is uncontroverted that prior to Williams's fall Lexington had experienced an ice storm that had left most of the town covered with ice, including the parking lot and entrance to Newton's office. However, the date on which the ice storm struck Lexington is in...