Wilson By and Through Wilson v. Alabama Power Co.
| Decision Date | 22 August 1986 |
| Parties | Norman Ray WILSON, a minor, suing By and Through his father, Donald Ray WILSON, as next friend; Donald Ray Wilson, individually v. ALABAMA POWER COMPANY, a corporation. 84-513. |
| Court | Alabama Supreme Court |
L.A. Marsal and George L. Simons, Mobile, for appellant.
James O. Spencer, Jr., of Balch & Bingham, Birmingham, and John N. Leach, Jr. of Coale, Helmsing, Lyons & Sims, Mobile, for appellee.
Norman Ray Wilson, age 15, was climbing a large oak tree in the Pine Springs community in south Mobile County when he came in contact with a 7200-volt power line owned and maintained by the defendant, Alabama Power Company. As a result of this contact, Wilson suffered electrical burns, some of which required skin grafts to heal properly.
Norman Wilson, suing through his father as next friend; and his father, Donald Wilson, suing individually, brought this action against Alabama Power. Norman alleged in one count that his injuries were the proximate result of Alabama Power's negligently and/or wantonly maintaining or allowing the existence of a dangerous condition by keeping its power lines entangled in a tree. Count two of the complaint is a derivative action filed by Norman's father, Donald Wilson, who sought to recover medical expenses incurred on behalf of his son as a result of the accident.
The trial court determined that under the undisputed facts Norman Wilson was contributorily negligent as a matter of law and granted Alabama Power's motion for a directed verdict. The court made this ruling after noting that a person 14 years of age or older is presumed to be capable of contributory negligence, and finding that the uncontroverted evidence proved that Wilson knew the wires were in the tree, that he knew they were dangerous, and that he was under no kind of duress or compulsion to climb the tree.
To establish contributory negligence, there must be a finding that the party charged has "(1) knowledge of the condition; (2) an appreciation of the danger under the surrounding circumstances, and (3) a failure to exercise reasonable care by placing oneself in the way of danger." Hatton v. Chem-Haulers, Inc., 393 So.2d 950 (Ala.1980). See also, State Farm Mutual Auto. Ins. Co. v. Dodd, 276 Ala. 410, 162 So.2d 621 (1964). This Court has held that persons 14 years of age are capable of contributory negligence.
The record indicates that Norman Wilson was 15 years and 8 months of age at the time of the...
To continue reading
Request your trial
-
Salter v. US
...knowledge of the danger and appreciated the danger under the circumstances and yet put himself in the way of harm. Wilson v. Alabama Power Co., 495 So.2d 48, 49 (Ala.1986). Where a plaintiff "had knowledge of facts sufficient to warn a man of ordinary sense and prudence of the danger to be ......
-
Central Alabama Elec. Co-op. v. Tapley
...Co. v. Wells, 218 Ala. 260, 118 So. 276 (1928), and a finding that the plaintiff appreciated the danger confronted, Wilson v. Alabama Power Co., 495 So.2d 48 (Ala.1986); Marquis v. Marquis, 480 So.2d 1213 (Ala.1985); Baptist Medical Center v. Byars, 289 Ala. 713, 271 So.2d 847 (1972); Macki......
-
Campbell v. Alabama Power Co.
...with an uninsulated high voltage wire prior to this accident, it is clear that he was aware of their danger. In Wilson v. Alabama Power Co., 495 So.2d 48 (Ala.1986), a 15-year-old boy was severely injured when he came in contact with a 7,200-volt power line while climbing in a tree. This Co......
-
Oden v. Pepsi Cola Bottling Co. of Decatur, Inc.
...the danger under the circumstances and, yet, put himself 'in the way of danger.' " Jones, 551 So.2d at 999 (quoting Wilson v. Alabama Power Co., 495 So.2d 48, 49 (Ala.1986)). To be contributorily negligent as a matter of law, Mark "must have acted in [such a manner] that reasonable minds co......