Schubert v. Smith

132 So. 3d 6, 2013 WL 1858789, 2013 Ala. Civ. App. LEXIS 105
CourtCourt of Civil Appeals of Alabama
DecidedMay 3, 2013
Docket2111217
StatusPublished

This text of 132 So. 3d 6 (Schubert v. Smith) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schubert v. Smith, 132 So. 3d 6, 2013 WL 1858789, 2013 Ala. Civ. App. LEXIS 105 (Ala. Ct. App. 2013).

Opinion

DONALDSON, Judge.

James Schubert, the plaintiff, appeals from a summary judgment in favor of Wesley Smith, the defendant, with respect to claims of wantonness asserted against Smith arising out of an automobile accident. We affirm the judgment.

Facts and Procedural History

Schubert and Smith were friends. Both were students at Madison County High School. Smith provided Schubert with a means of transportation to and from school. Schubert never paid for the rides because the two were friends, and the record does not indicate that he purchased gas for Smith. On September 5, 2008, Smith and Schubert left school and proceeded in the direction of a friend’s house on Mountain Lane in Madison County. The weather was clear, and the roadway was dry. Smith was traveling at a rate of speed in excess of the posted speed limit of 25 miles per hour. Schubert told Smith to slow down before the accident occurred, and Smith complied by decreasing speed. After proceeding over a hill and while the vehicle was entering into a left turn, the back tires of the vehicle left the roadway. As a result, the vehicle turned sideways, the back end of the vehicle lifted off the ground, and the entire vehicle left the roadway. The rear of the vehicle crashed into a concrete wall. The vehicle then rolled over on its top. Schubert received serious injuries as a result of the accident. In a letter to Schubert dated March 18, 2009, Smith apologized to Schubert for the accident. Smith further stated in the letter that, on the day of the accident, he had not cared whether he died, because he was mad about some personal issues he was going through at the time.

On May 13, 2010, Schubert sued Smith asserting claims of negligence and wantonness. On January 23, 2012, Smith filed a motion for a summary judgment, asserting that Alabama’s guest statute, § 32-1-2, Ala.Code 1975, barred any claim of negligence and that there was no evidence of “wanton misconduct” by Smith. Following a hearing, the trial court entered a sum[8]*8mary judgment on June 12, 2012, in favor of Smith. Schubert filed a motion to alter, amend, or vacate, which the trial court denied on July 12, 2012. Schubert filed a timely notice of appeal to the supreme court on August 22, 2012. The supreme court transferred the appeal to this court, pursuant to § 12-2-7(6), Ala.Code 1975.

Standard, of Review

“This Court’s review of a summary judgment is de novo. Williams v. State Farm Mut. Auto. Ins. Co., 886 So.2d 72, 74 (Ala.2003). We apply the same standard of review as the trial court applied. Specifically, we must determine whether the movant has made a prima facie showing that no genuine issue of material fact exists and that the movant is entitled to a judgment as a matter of law. Rule 56(c), Ala. R. Civ. P.; Blue Cross & Blue Shield of Alabama v. Hodurski, 899 So.2d 949, 952-53 (Ala.2004). In making such a determination, we must review the evidence in the light most favorable to the nonmovant. Wilson v. Brown, 496 So.2d 756, 758 (Ala.1986). Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce ‘substantial evidence’ as to the existence of a genuine issue of material fact. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989); Ala. Code 1975, § 12-21-12. ‘[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 Assur. Co. of Fla., 547 So.2d 870, 871 (Ala.1989).”

Dow v. Alabama Democratic Party, 897 So.2d 1035, 1038-39 (Ala.2004).

Discussion

Schubert concedes that he was a guest in Smith’s vehicle, thus invoking the applicability of Alabama’s guest statute, which bars his negligence claim.

“In Ex parte Anderson, 682 So.2d 467 (Ala.1996), this Court discussed the concept of wantonness in the context of operating an automobile:
“ ‘In a case subject to the Guest Statute, a plaintiffs showing of “wanton misconduct” requires more than a showing of some form of inadvertence on the part of the driver; it requires a showing of some degree of conscious culpability. George v. Champion Ins. Co., 591 So.2d 852 (Ala.1991).
“ ‘What constitutes wanton misconduct depends on the facts presented in each particular case. Central Alabama Electric Cooperative v. Tapley, 546 So.2d 371 (Ala.1989); Brown v. Turner, 497 So.2d 1119 (Ala.1986); Trahan v. Cook, 288 Ala. 704, 265 So.2d 125 (1972). A majority of this Court, in Lynn Strickland Sales & Service, Inc. v. Aero-Lane Fabricators, Inc., 510 So.2d 142 (Ala.1987), emphasized that wantonness, which requires some degree of consciousness on the part of the defendant that injury is likely to result from his act or omission, is not to be confused with negligence (i.e., mere inadvertence):
“ ‘ “Wantonness is not merely a higher degree of culpability than negligence. Negligence and wantonness, plainly and simply, are qualitatively different tort concepts of actionable culpability. Implicit in wanton, willful, or reckless misconduct is an acting, with knowledge of danger, or with consciousness, that the doing or not doing of some act will likely result in injury....
[9]*9“ ‘ “Negligence is usually characterized as an inattention, thoughtlessness, or heedlessness, a lack of due care; whereas wantonness is characterized as an act which cannot exist without a purpose or design, a conscious or intentional act. ‘Simple negligence is the inadvertent omission of duty; and wanton or willful misconduct is characterized as such by the state of mind with which the act or omission is done or omitted.’ McNeil v. Munson S.S. Lines, 184 Ala. 420, [423], 63 So. 992 (1913)....
“ ‘ “ ‘Willful and wanton conduct has a well-defined meaning at law. It is sometimes expressed in terms of “reckless disregard of the safety of another.” Willful and wanton conduct should not be confused with negligence. It has been correctly stated that the two concepts are as “unmixable as oil and water.” ’
Willfulness or wantonness imports premeditation, or knowledge and consciousness that the injury is likely to result from the act done or from the omission to act, and strictly speaking, is not within the meaning of the term “negligence,” which conveys the idea of inadvertence, as distinguished from premeditation or formed intention.’ ”
“ ‘510 So.2d at 145-46 (citations omitted). See also, Central Alabama Electric Cooperative v. Tapley, 546 So.2d 371 (Ala.1989).’
“682 So.2d at 469-70.”

Phillips ex rel. Phillips v. United Servs. Auto. Ass’n, 988 So.2d 464, 467-68 (Ala.2008).

On appeal, Schubert contends that the trial court erred in finding that he did not present substantial evidence as to whether Smith acted wantonly in the operation of his vehicle on the date of the accident.

In support of his contention that Smith’s actions constitute substantial evidence creating a genuine issue of material fact as to whether Smith acted wantonly, Schubert cites Barker v. Towns, 747 So.2d 907 (Ala.Civ.App.1999), Allen v. Hill,

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

Related

Bass v. SOUTHTRUST BANK OF BALDWIN CTY.
538 So. 2d 794 (Supreme Court of Alabama, 1989)
Wilson v. Brown
496 So. 2d 756 (Supreme Court of Alabama, 1986)
George v. Champion Ins. Co.
591 So. 2d 852 (Supreme Court of Alabama, 1991)
Dorman v. Jackson
623 So. 2d 1056 (Supreme Court of Alabama, 1993)
Tolbert v. Tolbert
903 So. 2d 103 (Supreme Court of Alabama, 2004)
Ex Parte Anderson
682 So. 2d 467 (Supreme Court of Alabama, 1996)
Brown v. Turner
497 So. 2d 1119 (Supreme Court of Alabama, 1986)
Blue Cross and Blue Shield v. Hodurski
899 So. 2d 949 (Supreme Court of Alabama, 2004)
Williams v. State Farm Mut. Auto. Ins. Co.
886 So. 2d 72 (Supreme Court of Alabama, 2003)
Phillips Ex Rel. Phillips v. United Services Auto. Ass'n
988 So. 2d 464 (Supreme Court of Alabama, 2008)
Trahan v. Cook
265 So. 2d 125 (Supreme Court of Alabama, 1972)
Allen v. Hill
758 So. 2d 574 (Court of Civil Appeals of Alabama, 1999)
Central Alabama Elec. Co-Op. v. Tapley
546 So. 2d 371 (Supreme Court of Alabama, 1989)
Dow v. Alabama Democratic Party
897 So. 2d 1035 (Supreme Court of Alabama, 2004)
West v. Founders Life Assur. Co. of Florida
547 So. 2d 870 (Supreme Court of Alabama, 1989)
Barker v. Towns
747 So. 2d 907 (Court of Civil Appeals of Alabama, 1999)
Hicks v. Dunn
819 So. 2d 22 (Supreme Court of Alabama, 2001)
Lynn Strickland Sales & Serv., Inc. v. AERO-LANE FAB., INC.
510 So. 2d 142 (Supreme Court of Alabama, 1987)
McNeil v. Munson S. S. Lines
63 So. 992 (Supreme Court of Alabama, 1913)
Coleman v. Smith
901 So. 2d 729 (Court of Civil Appeals of Alabama, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
132 So. 3d 6, 2013 WL 1858789, 2013 Ala. Civ. App. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schubert-v-smith-alacivapp-2013.