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Alabama Appellate Opinions Released
February 23, 2018
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Foreseeability of Injury Is Key Factor in Determining Whether a Duty Exists
Dekalb-Cherokee Counties Gas District v. Timothy Raughton
On October 11, 2011, Timothy Raughton, an employee of the City of Fort Payne, was working at the landfill. One of his duties was to tell users of the landfill where to dump their refuse. On the same day, Neal Ridgeway, in his capacity as an employee of DC Gas, drove a dump truck to the landfill. While Ridgeway dumped the contents of the truck, Raughton stood next to the truck. At some point during the dumping process, the debris in the bed of the truck became lodged and would not fall out. In an effort to dump the remaining debris, Ridgeway put the truck into gear and released the clutch, causing the truck to shake and to move forward slightly. As he was performing this maneuver, the side wall of the truck bed fell from the truck, striking and injuring Raughton. Raughton sued DC Gas, alleging negligence and wantonness. The trial court entered a summary judgment in favor of DC Gas on Raughton’s wantonness claim, but his negligence claim proceeded to trial.
During trial, Raughton proposed two theories of liability. First, Raughton argued Ridgeway, DC Gas’s employee, acted negligently in choosing to perform the clutch-release maneuver while Raughton was standing next to the truck. The testimony at trial indicated the clutch-release maneuver is a common method of dislodging and dumping the contents of dump trucks. There was no evidence of any prior instance where the side wall of a dump truck had fallen off. It was also noted Raughton chose to stand next to the dump truck while Ridgeway unloaded it, further indicating the remoteness of any risk that the side wall would fall onto him. This Court ruled that because there is no evidence indicating it was foreseeable that the side wall of the dump truck could become detached as a result of performing the clutch-release maneuver, DC cannot be held liable for negligence based on Ridgeway performing that maneuver. Second, Raughton claimed DC Gas was negligent in failing to have the dump truck properly inspected. The evidence indicated Ridgeway had never physically checked for loose side walls and that DC Gas had never had the truck bed professionally inspected. However, there was no evidence indicating that the side wall of the dump truck had become detached in the past or that DC Gas’s agents knew that it might become detached. Thus, there was no evidence indicating that an inspection would have revealed the side wall might become detached and that an inspection would have prevented the accident. Therefore, this Court concluded DC Gas cannot be held liable based on its alleged failure to properly inspect the truck.
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Alabama Court of Civil Appeals
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Where the Amount of Damages Is an Issue, No Appeal Is Available When the Trial Court Fails to Specify Those Damages
Jasper Water Works and Sewer Board, Inc. v. Jerry G. Dunn
Jasper Water Works and Sewer Board, Inc. appealed from a judgment entered in favor of Jerry G. Dunn by the Walker Circuit Court pursuant to the Alabama Workers’ Compensation Act. The trial court did not specify the amount of damages for Dunn’s past medical expenses.
Though neither party raised the issue of this court’s jurisdiction over this appeal, this Court noted jurisdictional matters are of such importance that it is permitted to notice a lack of jurisdiction ex mero motu. Because the trial court did not identify the amount of damages to be awarded to Dunn, this Court held there was never a final judgment that would support an appeal. Therefore, this Court dismissed the employer’s appeal as having been taken from a nonfinal judgment.
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"The leading rule for the lawyer, as for the man of every other calling, is diligence. Leave nothing for to-morrow which can be done to-day. Never let your correspondence fall behind." ~Abraham Lincoln
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