Ex Parte Mobile Power and Light Co., Inc.

810 So. 2d 756, 2001 WL 792993
CourtSupreme Court of Alabama
DecidedJuly 13, 2001
Docket1992129
StatusPublished
Cited by10 cases

This text of 810 So. 2d 756 (Ex Parte Mobile Power and Light Co., Inc.) 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
Ex Parte Mobile Power and Light Co., Inc., 810 So. 2d 756, 2001 WL 792993 (Ala. 2001).

Opinion

810 So.2d 756 (2001)

Ex parte MOBILE POWER AND LIGHT COMPANY, INC.
(Re Safeco Insurance Company v. Mobile Power and Light Company, Inc.)

1992129.

Supreme Court of Alabama.

July 13, 2001.

*757 Thomas M. Galloway, Jr., and Thomas O. Gaillard III of Galloway, Smith, Wettermark & Everest, L.L.P., Mobile, for petitioner.

Hugh C. Henderson, Birmingham, for respondent.

MOORE, Chief Justice.

Safeco Insurance Company ("Safeco") had issued a homeowner's policy to Audrey Loyd and Brenda Loyd, husband and wife. The Loyds, along with Safeco (apparently suing as a subrogee; see Rule 17(a), ¶ 2, Ala. R. Civ. P.), sued Mobile Power and Light Company, Inc. ("Mobile Power"), claiming that negligence on the part of Mobile Power had caused a fire in 1996 that destroyed the Loyds' home. The trial court entered a summary judgment for Mobile Power. Safeco appealed. The Court of Civil Appeals reversed. Safeco Ins. Co. v. Mobile Power & Light Co., 810 So.2d 752 (Ala.Civ.App.2000). We granted Mobile Power's petition for certiorari review. We reverse and remand.

On August 20, 1996, a fire consumed Audrey and Brenda Loyd's home. This was the third fire the Loyds had suffered at the same home in a two-year period. In 1994, a fire heavily damaged their home. In 1996, a second fire erupted in the Loyds' panel box "only a few months prior to the [August 1996] fire." (C. 63.) The Loyds hired Mobile Power, a private company, to repair their electrical system after the 1994 fire. In his deposition, George *758 Casellas, an expert technical consultant hired by Safeco to investigate the third fire, stated that a "fused disconnect" had been replaced after a second fire. (C. 63.) Mobile Power was not involved in the second repair.

After the third fire, Safeco apparently paid the Loyds' claim under their homeowner's insurance policy and was subrogated to their interest. As subrogee, Safeco sued Mobile Power, alleging that Mobile Power had negligently repaired the electrical wiring in the Loyds' home and that its negligence had caused the August 1996 fire.

Mobile Power moved for a summary judgment. The trial court initially denied its motion. Later, the court granted it. Safeco appealed from the summary judgment. This Court transferred the appeal to the Court of Civil Appeals. That court, with Judges Crawley and Thompson dissenting, reversed the summary judgment and remanded for further proceedings. We granted certiorari to consider Mobile Power's claim that the decision of the Court of Civil Appeals conflicted with Bell v. Colony Apartments Co., Ltd., 568 So.2d 805 (Ala.1990), on which the Court of Civil Appeals had relied.

The Mobile County Building Inspection Department issued Mobile Power all three of the permits required for its work on the Loyds' home after the 1994 fire. Ted Blunt, a licensed master electrician and an inspector for the Inspection Department for 18 years, personally conducted the "rough-in" and "service-release" inspections. At the rough-in phase, Blunt approved the overall plans, the type and size of the wire to be used, and the installation methods to be used. (C. 34.) At the service-release phase, Blunt tested the circuits and authorized the activation of power to the Loyds' residence. (C. 34.) John Freil, another inspector for the Department, conducted the final inspection. (C. 35.) Blunt testified that all of the work conformed to the National Electrical Code, which he said had been adopted by Mobile County. (C. 41.) Blunt further testified that Mobile Power's work did not breach any applicable standard of care. (C. 14-16 and C. 48.) Mobile Power performed no other work for the Loyds after their house passed the Department's final inspection in December 1994.

Safeco hired George Casellas, an expert technical consultant, to conduct an investigation into the cause and origin of the third fire. Casellas reported that the third fire began in the circuit breaker/disconnect panel of the ventilation closet. (C. 18.) At his pretrial deposition, he testified that the heating that caused this third fire might have developed over a period ranging from two hours to a couple of weeks, but he could not determine with any certainty "what happened there." (C. 20-22.) Casellas attributed the last fire to one of three possible defects: (1) improper lug torque during installation, (2) mechanical failure of the screwed lug, or (3) thermal shrinkage of the conductor inside the lug. (C. 63.) Casellas gave an affidavit that stated that "a previous electrical fire [the second fire] had taken place [in the Loyds' panel box] only a few months prior to the subject fire occurrence." (C. 63.)

Under Rule 56(c), Ala. R. Civ. P., a motion for summary judgment is to be granted only if there is no genuine issue of material fact and the movant is entitled to a judgment as a matter of law. See, e.g., System Dynamics Int'l, Inc. v. Boykin, 683 So.2d 419 (Ala.1996). Reviewing a summary judgment, "[t]his Court must review the record in the light most favorable to the nonmovant and must resolve all reasonable doubts against the movant." Id., at 420. Once Mobile Power made a prima facie showing that it was entitled to *759 a summary judgment, the burden then shifted to Safeco to present substantial evidence creating a genuine issue of material fact. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 798 (Ala. 1989). Substantial evidence is "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989).

In Bell, supra, this Court quoted Yarborough v. Springhill Memorial Hospital, 545 So.2d 32, 34 (Ala.1989): "[A] summary judgment is rarely appropriate in negligence actions, which almost always present factual issues of causation and of the standard of care that should have been exercised." In Bell, Amy Bell sued the owner of her apartment complex for damages, based on a fire that had occurred 30 minutes after 2 employees of the complex had made electrical repairs inside her apartment. The defendant moved for a summary judgment, and the trial court granted its motion. This Court reversed the summary judgment and remanded the case, holding that the circumstantial evidence presented by Bell was sufficient to create a genuine issue of material fact. This Court stated:

"Findings of fact cannot be based upon mere conjecture, of course, but it is also clear that direct evidence is not necessary to prove negligence on the part of a defendant and that proof of negligence may be established completely through circumstantial evidence."

Bell, 568 So.2d at 810. The Court of Civil Appeals apparently premised its opinion in this present case on the doctrine of res ipsa loquitur.

"The elements of res ipsa loquitur are generally stated as:
"(1) [T]he defendant must have had full management and control of the instrumentality which caused the injury; (2) the circumstances must be such that according to common knowledge and the experience of mankind the accident could not have happened if those having control of the management had not been negligent; (3) the plaintiff's injury must have resulted from the accident."

Khirieh v. State Farm Mut. Auto. Ins. Co., 594 So.2d 1220, 1223 (Ala.1992) (citations omitted).

We disagree with the Court of Civil Appeals' reliance on Bell. First, the defendant in Bell

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

Related

Hornady Transportation, LLC v. Fluellen
116 So. 3d 236 (Court of Civil Appeals of Alabama, 2012)
Kerns v. Sealy
496 F. Supp. 2d 1306 (S.D. Alabama, 2007)
Phillips v. American Honda Motor Co., Inc.
438 F. Supp. 2d 1328 (S.D. Alabama, 2006)
Bishop v. Bombardier, Inc.
399 F. Supp. 2d 1372 (M.D. Georgia, 2005)
Vesta Fire Ins. Corp. v. Milam & Co. Constr., Inc.
901 So. 2d 84 (Supreme Court of Alabama, 2004)
Safeco Insurance v. Mobile Power & Light Co.
810 So. 2d 762 (Court of Civil Appeals of Alabama, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
810 So. 2d 756, 2001 WL 792993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-mobile-power-and-light-co-inc-ala-2001.