Dolgencorp, Inc. v. Taylor

28 So. 3d 737, 2009 Ala. LEXIS 150, 2009 WL 1643347
CourtSupreme Court of Alabama
DecidedJune 12, 2009
Docket1070900
StatusPublished
Cited by30 cases

This text of 28 So. 3d 737 (Dolgencorp, Inc. v. Taylor) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dolgencorp, Inc. v. Taylor, 28 So. 3d 737, 2009 Ala. LEXIS 150, 2009 WL 1643347 (Ala. 2009).

Opinions

[739]*739SMITH, Justice.

Dolgencorp, Inc. (“Dolgencorp”), which owns and operates Dollar General retail discount stores, appeals from a judgment entered on a jury verdict in favor of Arlie Taylor on Taylor’s claims alleging negligence and wantonness. We reverse the trial court’s judgment and render a judgment for Dolgencorp.

Facts and Procedural History

On December 2, 2004, Taylor, who was then 68 years old, went to a Dollar General retail discount store (“the store”) in Jackson to purchase laundry products. After entering the store, Taylor attempted to push her shopping cart to the back aisle of the store where the laundry products were located by way of the middle aisle; however, the middle aisle was impassible because of displays of Christmas decorations and candy. Taylor then attempted to push her shopping cart to the back aisle by way of an aisle on the right side of the store. She testified at trial that she was “going around boxes” of merchandise that were located on the floor of the aisle as she moved toward the back aisle.

When Taylor arrived at the back aisle of the store, she turned her shopping cart to the left and began looking for the laundry detergent. Taylor testified that there were unopened cases of merchandise on the floor of the back aisle and that she “had to avoid one ... when [she] went to get [her] washing powder.” After placing a box of laundry detergent in her shopping cart, Taylor pushed her shopping cart further along the back aisle to the section where the laundry bleach was located. After placing a bottle of bleach in her shopping cart, Taylor moved further down the aisle in search of fabric softener, which was located on the top shelf of the back aisle. Taylor testified at trial that she “stepfped] out from behind the [shopping cart]” to reach for the fabric softener and that when she did she fell over two unopened cases of merchandise that were stacked one on top of the other in the aisle. Taylor testified both in her deposition1 and at trial that she did not see the two cases of merchandise before she fell over them; she also testified that, based on her observation of other cases of merchandise she had maneuvered around in the store on the day that she was injured, two cases stacked one on top of the other would be approximately “knee or thigh high.”

On March 3, 2005, Taylor and her mother, Rena Cave (sometimes referred to collectively as “the plaintiffs”), sued Dolgen-corp; Linda Bailey, the manager of the store from January 2004 until January 2005; and fictitiously named defendants (Dolgencorp and Bailey are sometimes referred to collectively as “the defendants”). The complaint alleged, among other things, that Dolgencorp and Bailey had negligently and/or wantonly failed to maintain the premises of the store in a safe condition.2 The plaintiffs’ complaint requested compensatory and punitive damages, plus interest and costs. The defendants filed an answer denying liability and asserting a number of affirmative defenses including the defense that the cases of merchandise in the aisle were an “open and obvious condition.”

[740]*740On September 11, 2007, the defendants filed a motion for a summary judgment, which the trial court denied. At trial, the defendants filed a motion for a judgment as a matter of law (“JML”) at the close of the plaintiffs’ evidence. In their motion for a JML, the defendants asserted, among other things, that they owed no duty of care to Taylor because, the defendants said, the hazardous condition was “open and obvious” and that the plaintiffs failed to present substantial evidence establishing that the defendants had acted negligently or wantonly.

The defendants also made an oral motion to the trial court to supplement their written motion for a JML. After hearing argument on the defendants’ motion for a JML, the trial court stated that it was “striking the punitive damages claim against ... Bailey” and denied the motion for a JML as to the negligence and wantonness claims asserted against Dolgen-corp and as to the negligence claim asserted against Bailey.3 The defendants renewed their motion for a JML at the close of all the evidence; the trial court granted that motion as to the remaining claims asserted against Bailey but denied that motion as to the claims asserted against Dolgencorp.

On September 28, 2007, the jury returned the following verdict:

“We the jury, find for [Taylor], and against [Dolgencorp], on the count of negligence, and fix [Taylor’s] compensatory damages therefore at $85,000. Further, we the jury, find for [Taylor] and against [Dolgencorp], on the count of wantonness, and fix [Taylor’s] punitive damages at $175,000, in addition to the compensatory damages for negligence.”

On October 25, 2007, the trial court entered a judgment on the jury’s verdict. That judgment provided, in pertinent part:

“The jury, having returned a verdict for the Plaintiff, Arlie Taylor, and against the Defendant, Dolgencorp, Inc., in the amount of $85,000 in compensatory damages and $175,000 in punitive damages; a judgment is hereby entered accordingly for the Plaintiff, Arlie Taylor, and against the Defendant, Dolgen-corp, Inc., in the amount of $85,000 in compensatory damages and $175,000 in punitive damages.”

On October 29, 2007, Dolgencorp filed a postjudgment motion styled as a “motion for judgment notwithstanding the verdict and renewed motion for judgment as a matter of law or, in the alternative, motion for new trial, and for remittitur”; that motion was denied by operation of law pursuant to Rule 59.1, Ala. R. Civ. P. This appeal followed.4

Standard of Review

“When reviewing a ruling on a motion for a JML, this Court uses the same standard the trial court used initially in deciding whether to grant or deny the motion for a JML. Palm Harbor Homes, Inc. v. Crawford, 689 So.2d [741]*7413 (Ala.1997). Regarding questions of fact, the ultimate question is whether the nonmovant has presented sufficient evidence to allow the case to be submitted to the jury for a factual resolution. Carter v. Henderson, 598 So.2d 1350 (Ala.1992). The nonmovant must have presented substantial evidence in order to withstand a motion for a JML. See § 12-21-12, Ala.Code 1975; West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989). A reviewing court must determine whether the party who bears the burden of proof has produced substantial evidence creating a factual dispute requiring resolution by the jury. Carter, 598 So.2d at 1353. In reviewing a ruling on a motion for a JML, this Court views the evidence in the light most favorable to the nonmov-ant and entertains such reasonable inferences as the jury would have been free to draw. Id. Regarding a question of law, however, this Court indulges no presumption of correctness as to the trial court’s ruling. Ricwil, Inc. v. S.L. Pappas & Co., 599 So.2d 1126 (Ala.1992).”

Waddell & Reed, Inc. v. United Investors Life Ins. Co., 875 So.2d 1143, 1152 (Ala.2003).

Issues

Dolgencorp raises two issues on appeal.

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28 So. 3d 737, 2009 Ala. LEXIS 150, 2009 WL 1643347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dolgencorp-inc-v-taylor-ala-2009.