Lafarge North America, Inc. v. Nord

86 So. 3d 326, 2011 WL 4425557, 2011 Ala. LEXIS 157
CourtSupreme Court of Alabama
DecidedSeptember 23, 2011
Docket1090620
StatusPublished
Cited by7 cases

This text of 86 So. 3d 326 (Lafarge North America, Inc. v. Nord) 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
Lafarge North America, Inc. v. Nord, 86 So. 3d 326, 2011 WL 4425557, 2011 Ala. LEXIS 157 (Ala. 2011).

Opinions

PARKER, Justice.

Lafarge North America, Inc. (“Lafarge”), and Wayne Looney (hereinafter collectively referred to as “the defendants”) appeal from a judgment entered against them following a jury verdict in favor of Lawrence Nord. We reverse the trial court’s judgment and render a judgment in favor of the defendants.

Facts and Procedural History

Nord’s claims arise out of a personal injury sustained by Nord at Lafarge’s cement packhouse (“the packhouse”). At the packhouse, various forms of bagged cement are loaded onto flatbed trucks owned and operated by companies other than La-farge, by Lafarge employees using forklifts. The drivers of the flatbed trucks drive their trucks into the loading zone of the packhouse, which consists of two loading bays. The drivers are warned by signs posted at the entrance of the loading zone to “watch for lift trucks.” After parking the flatbed truck in one of the two loading bays within the loading zone, the driver of the flatbed truck must then register with Lafarge at the packhouse’s office (“the office”) to receive his or her load assignment. A Lafarge employee then loads the flatbed truck with bagged cement using a forklift.

On June 14, 2006, Nord, an employee of Southern Tank Transport, Inc. (“Southern Tank”), drove a Southern Tank flatbed truck to the packhouse to pick up a load of bagged cement. Nord testified that he regularly picked up loads of bagged cement from the packhouse. When Nord arrived at the packhouse, a truck was parked in the first loading bay, which is nearest the office, so Nord parked his truck in the second loading bay and proceeded to walk through the loading zone to the office to register and receive his load assignment.1 After registering at the office, Nord began walking back to his truck, and he noticed that Looney was using a forklift to load the truck parked in the first loading bay with pallets of bagged cement. Nord waited until Looney had begun to load a pallet of bagged cement onto the truck in the first loading bay before attempting to walk through the loading zone and behind the forklift to return to his truck. As Nord was walking behind the [329]*329forklift Looney was operating, Looney, unaware of Nord’s presence, placed the forklift in reverse in order to make a U-turn and ran over Nord’s foot; Nord testified that after Looney placed the forklift in reverse “[i]t was coming kind of fast.”

Nord suffered three broken bones in his foot, which required surgical repair. Nord incurred medical expenses for the treatment of the injury to his foot in the approximate amount of $12,985. As a result of the injury, Nord was unable to work from June 15, 2006, to November 20, 2006, amounting to $27,436 in lost wages. The parties stipulated to the fact that Nord was paid $10,440.77 for medical expenses and $14,197.48 for lost wages by Southern Tank’s workers’ compensation insurer. Nord’s physician subsequently released him to work without any restrictions.

Nord testified that he knew that he needed to be careful around “construction equipment,” such as the forklift being operated by Looney, and that if he failed to exercise caution he could be injured. During cross-examination of Nord by La-farge’s trial counsel, the following exchange occurred:

“Q. [Lafarge’s trial counsel:] We can go to your deposition, if you want. If you will pick up and turn to page 79, starting at page 19 on the deposition that’s got a number one on it. Tell me when you’re there.
“A. [Nord:] I’m here.
“Q. Question, ‘Did you have any conversation with the forklift operator before he hit you?’ ‘No’ is the answer.
“Question, ‘Do you know whether or not he knew you were in the area before he hit you?’ ‘No.’
“Question, ‘In other words, you don’t know whether he saw you at all?’ ‘No, I don’t.’
“ ‘I’m not talking about when he’s backing up. I’m talking about do you know if he even knew you were out of your truck?’ ‘No.’
“So in other words, you didn’t have any evidence that he saw you?
“A. No.
“Q. But you knew he was there?
“A. Yes.
“Q. You knew he was loading the truck in front of you?
“A. Yes.
“Q. You knew that what those forklifts do is, they drive up and they drop their pallets off on the truck, and then they’ve got to back up in order to get turned around and go get the next load, right?
“A. Yes.
“Q. And you knew that’s what he was going to do. As soon as he dropped those pallets off, he was going to back up and go get more.
“A. Yes.
“Q. And you knew that being around the forklift without him knowing you were there could be dangerous?
“A. Yes.
“Q. And at that point, you testified in your deposition that you could have just taken a left and gone along that wall and you would have never encountered him?
“A. Yes.
“Q. And what you also could have done, though, I don’t know that it’s in good practice, is — that facility is 50 yards wide. You could have walked the other direction away from the office and away from him and gone around that way (indicating)?
“A. Yes, I could have did [sic] all that.
[330]*330“Q. You could have done any of those things, Mr. Nord. And all I’m saying is this: The one avenue that put you in danger was to take a direct line right behind the back of that forklift. And what you did, your deposition testimony says it perfectly, you waited until he was putting the pallets down and then you walked right behind him without him ever knowing you were there, right?
“A. Yes.
“Q. When you knew that as soon as he got the pallets down, he was going to back up. You could have just stopped where you were and gone back to the computer until he was done loading that truck, couldn’t you?
“A. I could have done that, too.
“Q. I mean, we can at least agree to this: Any one of those options would have been safer than walking behind that forklift, knowing that it was going to back up?
“A. Yes.
“Q. Mr. Nord, you’ve got a right to file this lawsuit, and I promise you I don’t begrudge you for that. It’s a right we’ve all got, and it’s your right to have 12 peers deciding it. My question is this, though: If you’re honest with yourself and honest with this jury, don’t you have to admit that you bear at least some responsibility for putting yourself behind that forklift without making sure [that Looney knew you were] there?
“A. I suppose so.”

Nord further testified that he regularly walked through the loading zone in the packhouse in order to get to the office and that he had witnessed other drivers walk through the loading zone as well. Looney testified that it is not unusual for the truck drivers to walk through the loading zone.

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Cite This Page — Counsel Stack

Bluebook (online)
86 So. 3d 326, 2011 WL 4425557, 2011 Ala. LEXIS 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lafarge-north-america-inc-v-nord-ala-2011.