Johnson v. Harris

585 So. 2d 1349, 1991 Ala. LEXIS 953, 1991 WL 183974
CourtSupreme Court of Alabama
DecidedAugust 23, 1991
Docket1900625
StatusPublished
Cited by1 cases

This text of 585 So. 2d 1349 (Johnson v. Harris) 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
Johnson v. Harris, 585 So. 2d 1349, 1991 Ala. LEXIS 953, 1991 WL 183974 (Ala. 1991).

Opinion

PER CURIAM.

Mary Johnson sued Hilmer Harris, alleging that he had negligently caused injuries she sustained as she was entering Harris’s mobile home. At the close of the trial, the judge allowed her to orally amend her complaint to allege willful and wanton conduct, but directed a verdict in favor of Harris on the negligence claim. The jury returned a verdict for Harris, and Johnson moved for a J.N.O.V. or, in the alternative, a new trial, which was denied. She appeals from the denial of that motion, arguing that the trial court erred in not allowing her negligence claim to go to the jury.

Johnson broke her ankle when she stepped into a gap between Harris’s mobile home and the steps leading up to it. Johnson testified as follows regarding the accident:

“Q. Okay. Now, before this — when was the last time you had ever been at [Harris’s] house?
“A. I don’t know. I couldn’t tell you the exact date because it was only once before.
“Q. About how many months?
“A. I’d say a year, six or seven months to a year.
“Q. So, it hadn’t been recently?
“A. No.
[[Image here]]
“Q. What happened as you were going into the house?
“A. He went in — he unlocked the door and walked on up and he went in. Then I walked up and I stepped in with my right foot and—
“Q. Then what happened when you stepped in with your right foot?
“A. When I went to put my left foot down, it — instead of — it went down in between the trailer and the steps and I fell in, inside the trailer on the floor.
“Q. Did you feel anything when that happened?
“A. Yeah. My foot was hurting.
“Q. All right. Did you fall forward into the trailer?
“A. Yes.
“Q. Did your left foot stay between the steps and the door as you fell forward?
“A. Yes.
“Q. Now, in your complaint you said you had a broken ankle. Did you have a broken ankle?
“A. Yes.
“Q. Did you have any other bruises or injuries?
“A. Yes. My leg from my knee all the way up to my thigh on the inside of my leg was black and blue from, you know, the scrape of when it went through the steps.
“Q. Now, did you know the gap was there between the steps and the door sill when you went into [Harris’s] house?
“A. No.
“Q. Did [Harris] tell you that it was there?
“A. No.
[[Image here]]
“Q. Mary, on the night that you were injured, was it dark or light?
“A. It was dark.
“Q. Do you remember how the doorway was lit?
“A. There was no light.
“Q. Was there any light coming out of the door?
“A. Yes, after he opened the door. He had switched on the kitchen light and I could see light.
“Q. You never saw the gap that you stepped into, did you?
“A. No.
[1351]*1351“Q. Did you see it after you fell?
“A. Well, yeah, when we pulled my leg out of it, yes.”

(Emphasis added.)

Harris did not contradict Johnson’s account, as his testimony illustrates:

“Q. And where is the light, the [light] outside of your trailer?
“A. Right by the doorway.
“Q. Was the light on or off?
“A. When we were coming in, it was off.
“Q. How about when she started in, once she started in?
“A. As I came in, I unlocked the door. I went in to get a light on and as I turned around, she was there and had stumbled.
[[Image here]]
“Q. Okay. Mr. Harris, you did know the gap was there before the fall?
“A. Yes.
“Q. Okay. Now, as you lived there by yourself, did you, in your daily habits of coming and going, learn to just step over the gap so that you wouldn’t fall in it?
“A. Yes.
[[Image here]]
“Q. Look over there and tell the jury how wide the gap was the night she fell.
“A. My recollection is approximately three to four inches wide.
[[Image here]]
“Q. Have you previously testified to this jury that you turned the outside light on but that you turned the kitchen light on first?
“A. I haven’t said anything about the outside light other than it was there.
“Q. I thought I asked you which of the lights that you turned on first.
“A. You did. I said I turned on the kitchen light.
“Q. Well, did you turn on the outside light?
“A. No, sir, because it was not working.
“Q. It wasn’t working?
“A. No.
“Q. When did you determine, Mr. Harris, that the outside light wasn’t working?
“A. As I recall, it was after — at the time.
“Q. Who have you told that the outside light wasn’t working, including the man that’s asking you the question right now?
“A. I don’t [sic] because — until now — I just assumed that it was out for a while.”

The record establishes that Johnson was a social guest of Harris’s (she went to his mobile home to watch a movie). This Court decided for the first time, in Morgan v. Kirkpatrick, 276 Ala. 7, 168 So.2d 650 (1963), that a social guest is a licensee rather than an invitee. Under these facts, then, Johnson was a licensee.

Approximately four months prior to the decision in Morgan v. Kirkpatrick, supra, this Court stated in W.S. Fowler Rental Equipment Co. v. Skipper, 276 Ala. 593, 600, 165 So.2d 375, 381 (1963), that the duty owed a licensee is “not only to abstain from inflicting intentional, willful or wanton injuries, but to refrain from exposing such licensee to new hidden dangers, such as traps, pitfalls or obstructions which arise through his active negligence.” (Citations omitted; emphasis added.)

Although in Deese v. Espy, 284 Ala.

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Related

Davidson v. Highlands United Methodist Church
673 So. 2d 765 (Court of Civil Appeals of Alabama, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
585 So. 2d 1349, 1991 Ala. LEXIS 953, 1991 WL 183974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-harris-ala-1991.