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Foster v. Church's Chicken of Mobile

Court of Civil Appeals of Alabama
Jan 7, 2000
757 So. 2d 449 (Ala. Civ. App. 2000)

Opinion

2980973.

August 20, 1999. Rehearing Denied January 7, 2000.

Appeal from Mobile Circuit Court (CV-98-82); Chris N. Galanos, Judge.

C. Christopher Clanton, Mobile, for appellant.

Michael S. McGlothren, Daphne; and C. Paul Cavender of Lange, Simpson, Robinson Somerville, Birmingham, for appellee.


AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(E), Ala. R.App.P.; Hose v. Winn-Dixie Montgomery, Inc., 658 So.2d 403 (Ala. 1995); and Richardson v. Kroger Co., 521 So.2d 934, 936 (Ala. 1988).

The Supreme Court of Alabama transferred the appeal to this court, pursuant to § 12-2-7(6), Ala. Code 1975.

YATES and CRAWLEY, JJ., concur.

ROBERTSON, P.J., and MONROE, J., dissent.


I would reverse the summary judgment entered in favor of Church's Chicken; therefore, I must respectfully dissent.

A plaintiff is not required to prove notice in cases when the defendant created the hazard. Billings v. K Mart Corp., 654 So.2d 530 (Ala. 1995); Dunklin v. Winn-Dixie of Montgomery, Inc., 595 So.2d 463 (Ala. 1992); and Edwards v. Kroger Co., 681 So.2d 223 (Ala.Civ.App. 1996). "In such a situation, notice of the hazardous condition is imputed to the defendant." Billings, supra at 532. The evidence in this case tends to show that Foster slipped on a wet mop string on an otherwise clean and dry floor in the fast-food restaurant. Who but a restaurant employee would have recently mopped the floor?

I believe that Foster presented substantial evidence creating a genuine issue of material fact regarding the creation of the hazard at Church's Chicken. Therefore, I believe that summary judgment was improper in this case.

ROBERTSON, P.J., concurs.


Summaries of

Foster v. Church's Chicken of Mobile

Court of Civil Appeals of Alabama
Jan 7, 2000
757 So. 2d 449 (Ala. Civ. App. 2000)
Case details for

Foster v. Church's Chicken of Mobile

Case Details

Full title:Louvenia FOSTER v. CHURCH'S CHICKEN OF MOBILE # 1620

Court:Court of Civil Appeals of Alabama

Date published: Jan 7, 2000

Citations

757 So. 2d 449 (Ala. Civ. App. 2000)