Evans v. Tanner

244 So. 2d 782, 286 Ala. 651, 1971 Ala. LEXIS 850
CourtSupreme Court of Alabama
DecidedFebruary 4, 1971
Docket1 Div. 515
StatusPublished
Cited by3 cases

This text of 244 So. 2d 782 (Evans v. Tanner) 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
Evans v. Tanner, 244 So. 2d 782, 286 Ala. 651, 1971 Ala. LEXIS 850 (Ala. 1971).

Opinion

COLEMAN, Justice.

The defendant appeals from a judgment for plaintiff for $10,000.00 in an action for personal injury allegedly sustained by plaintiff as the proximate consequence of defendant’s negligence in the maintenance of a place in defendant’s feed mill where plaintiff slipped and fell.

Plaintiff alleges that he entered the office of the mill for the purpose of selling corn to defendant, and that upon leaving the office and while on the premises maintained by defendant for the use of 'persons selling corn and entering and leaving the mill, plaintiff slipped and fell and suffered the injuries complained of.

The complaint is in three counts. In Count One, plaintiff charges that defendant negligently maintained “said floor at the place where Plaintiff slipped and fell in an unsafe condition for use of customers at said feed mill.”

In Count Two, plaintiff charges that while on “the walkway” maintained by defendant for the use of persons selling corn to defendant and entering and leaving the mill, plaintiff slipped and fell. Plaintiff charges that defendant negligently maintained “said walkway adjacent to the place where Plaintiff” slipped and fell.

In Count Three, plaintiff charges that defendant negligently maintained “said-walkway” where plaintiff slipped and fell.

The evidence discloses that defendant operates a mill where corn and other grains, hay, and other feedstuff are ground, and mixed, so as to become feed for livestock. The fíoor plan of the main building is rectangular in shape and the dimensions appear to be approximately -100 feet by 50 feet. Onto one. end of' the main building there is a room which will be referred to as the unloading room. It' is about 50 feet long by 20 feet wide.. The ■ fifty-foot wall at the end of the main-building forms one wall of the unloading room.' Twenty -feet across from and directly opposite this fifty-foot wall is anoth-' er wall fifty feet long. These' are' the' two walls of the unloading room. The two ends of the unloading room are not enclosed. There is a roof over the un-' loading room.

Trucks containing corn and other feed-stuff are driven into the unloading room and the contents of the trucks are dumped onto the- floor at a place referred to as the pit, which is a rectangular opening about 12 feet long by 7 feet wide. Five metal pipes about 12 feet long are laid parallel across the top of the pit and level with the floor. The pipes are referred to as “4 inch pipes” meaning, we take it, four [654]*654inches in diameter; but, plaintiff’s Exhibit No. 1 appears to show the diameter as three inches. The 12-foot dimension of the pit is parallel with the 20-foot dimension of the unloading room between the two walls, and 8 feet of floor space is left between the two ends of the pit and the two walls. This space between pit and wall is 4 feet plus a few inches at one end of the pit and 3 feet plus a few inches at the other end.

There is space between each of the five pipes which are parallel with each other. The operation seems to be that a loaded truck is driven into the unloading room and the truck is stopped so that the back end of the truck is over the pit. The front end of the truck is then raised by an elevating mechanism so that the contents of the truck slide out the back end and fall onto the pipes and pass through the openings between the pipes down into the pit. There is an auger device at the bottom of the pit which moves the stuff dropped into the pit into the main building where the stuff is ground and mixed.

There is a door in the wall between the main building and the unloading room. It appears from plaintiff’s Exhibit 1, the distance between the side of this door and the closest corner of the pit is about five feet.

On the day of injury, prior to going to the mill, plaintiff had telephoned the mill and had been told by defendant’s employee, Ward, that defendant would buy a load of plaintiff’s corn and for plaintiff “to bring it on in.” Plaintiff drove his truck loaded with com to the mill and parked the truck. One or two other trucks were being unloaded ahead of plaintiff. Plaintiff went into the office in the main building of the mill. Plaintiff did not remember which entrance he used in going into the building.

As we understand it, plaintiff did sell his load of corn to defendant. After he had been in the office for a period of time, the trucks ahead of plaintiff were almost finished and it was plaintiff’s turn next. He left the office and started to leave the main building through the door in the wall between the main building and the unloading room.

When plaintiff came through the door, a pickup truck was at the pit ready to be dumped. An employee of defendant was feeding hay into the small pit. The employee was standing in the area between the end of the pit and the wall of the main building. Some hay and some bags were in the area between the pit and the wall of the main building.

Plaintiff does not remember whether he stopped or not when he came through the door. He walked across the pit. When he stepped upon the pit his feet slipped and his head hit the pipes. On cross-examination, he testified that when he came out the door he walked straight across the pipes. He did not ask the employee to get out of his way.

Plaintiff was wearing rubber boots. He had been working around his barn “several hours before” that morning and had walked over a dirt area from his truck into the mill. It was muddy. He does not know whether he got mud on his “shoes.” He did not know that “those bars might be slippery.”

Plaintiff had been to the mill several times. He has gone out all other doors of the building except a small door at the other end. When he came out of the door, between the main building and unloading room, he could have turned right and gone out that way, but he would have had to climb over “a lot of paraphernalia there — sacks and stuff.”

He knew the pit was there. He testified:

“Q You didn’t think an iron pipe would be slippery with rubber boots on?
“A I didn’t—
“Q You didn’t think about it at all, did you; you just came out that door [655]*655and walked straight across those pipes without looking to the right or left, didn’t you?
“A It’s the normal procedure with everybody.
“Q You had frequently walked across these pipes?
“A I had walked across them.” Defendant’s mill foreman testified:
“Q Mr. Ward, you’ve fallen in the pit yourself, haven’t you?
“A No, sir, I don’t believe so.
“Q Trying to walk over it?
“A No, sir, I don’t remember it.
“Q You haven’t done that; have you walked over the pit?
“A Yes, sir, I have.
“Q Why do you walk over it, because it’s more convenient?
“A Well, we not necessarily walk over it, we have to step on the pit sometimes unloading the trucks.
“Q Actually, you’ve walked over the pit, haven’t you?
“A Well, we might have.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Tharp v. Bunge Corp.
641 So. 2d 20 (Mississippi Supreme Court, 1994)
Johnson v. Niagara MacH. and Tool Works
555 So. 2d 88 (Supreme Court of Alabama, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
244 So. 2d 782, 286 Ala. 651, 1971 Ala. LEXIS 850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-tanner-ala-1971.