DeKalb-Cherokee Counties Gas District v. Raughton

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In this personal-injury action, the DeKalb-Cherokee Counties Gas District ("DC Gas") appealed a circuit court order denying DC Gas's renewed motion for a judgment as a matter of law ("JML") or, in the alternative, for a new trial. Plaintiff Timothy Raughton, an employee of the City of Fort Payne, was working at the city landfill. One of his duties on that day was to tell users of the landfill where to dump their refuse. Neal Ridgeway, in his capacity as an employee of DC Gas, drove a dump truck to the landfill. The bed of the dump truck contained bricks and concrete blocks that had been collected from a site on which DC Gas planned to have constructed an office building. While Ridgeway dumped the contents of the truck at the landfill, Raughton stood next to the truck. In an effort to dump the remaining debris, while Ridgeway performed a maneuver, the side wall of the truck bed fell from the truck, striking and injuring Raughton. There was no evidence in this case indicating that the clutch-release maneuver violated any formal safety standards. 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. The jury rendered a verdict in favor of Raughton in the amount of $100,000. The trial court entered a judgment on that verdict and denied DC Gas's renewed motion for a JML. DC Gas appealed. After review of the circuit court record, the Alabama Supreme Court determined 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. Moreover, no evidence was presented clearly showing how the side wall was attached to the truck or showing exactly why and how it had become detached. Thus, there was no evidence presented indicating that an inspection would have revealed that it might become detached and, therefore, that an inspection would have prevented the accident. Accordingly, the Court concluded that DC Gas could not be held liable based on its alleged negligence (failure to properly inspect the truck). Based on the foregoing, the Court reversed the trial court's judgment denying DC Gas's renewed motion for a JML, and rendered judgment in favor of DC Gas. View "DeKalb-Cherokee Counties Gas District v. Raughton" on Justia Law