Stephens v. Ala. State Docks Terminal Ry.

723 So. 2d 83, 1998 WL 414482
CourtCourt of Civil Appeals of Alabama
DecidedJuly 24, 1998
Docket2970563
StatusPublished
Cited by5 cases

This text of 723 So. 2d 83 (Stephens v. Ala. State Docks Terminal Ry.) 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
Stephens v. Ala. State Docks Terminal Ry., 723 So. 2d 83, 1998 WL 414482 (Ala. Ct. App. 1998).

Opinion

723 So.2d 83 (1998)

Tommy R. STEPHENS
v.
ALABAMA STATE DOCKS TERMINAL RAILWAY.

2970563.

Court of Civil Appeals of Alabama.

July 24, 1998.
Rehearing Denied October 16, 1998.

*84 J. Harry Blalock, Birmingham, for appellant.

Charles L. Miller, Jr., Mobile, for appellee.

THOMPSON, Judge.

Tommy R. Stephens sued his employer, Alabama State Docks Terminal Railway (the "Railway"), under the provisions of the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. ("FELA"). In his complaint, Stephens alleged that he was injured on February 4, 1992, when he fell in the "engine room" after slipping on some oil and water which was standing on the floor. In its amended answer to Stephens's complaint, the Railway claimed that Stephens had released it from all claims related to the injury for which he was seeking damages.

On August 27, 1997, the Railway moved for a summary judgment, arguing that Stephens's injury was related to a previous on-the-job accident that had occurred in 1986. The Railway argued that it had compensated Stephens for that injury and that in 1987 Stephens had executed a release of the Railway from all future consequences of that injury. In support of its motion for a summary judgment, the Railway submitted portions of the deposition of Dr. Harry A. Luscher, Jr., and a copy of the release executed by Stephens.

In his opposition to the Railway's motion for a summary judgment, Stephens argued that his 1992 fall caused a second injury, that it aggravated his earlier injury, and that he had signed the 1987 release under economic duress. In support of his opposition to the motion for a summary judgment, Stephens submitted his affidavit stating that a supervisor had threatened to fire him if he did not sign the release. Stephens also submitted *85 the deposition testimony of several doctors who stated that his 1992 fall may have aggravated his earlier injury so that the injury became symptomatic.

The Railway moved to strike Stephens's affidavit. In its motion, the Railway argued that Stephens's testimony in his 1997 affidavit was an attempt to create a question of fact by contradicting his earlier sworn deposition testimony, in contravention of well-settled caselaw.

On October 9, 1997, the trial court denied the Railway's motion to strike Stephens's 1997 affidavit, but stated in its order that it would consider only admissible evidence in ruling on the Railway's motion for a summary judgment. Also on October 9, 1997, the trial court entered a summary judgment in favor of the Railway. In that judgment, the trial court found that Stephens had released the Railway from liability for his 1986 injury "with the full knowledge that the injuries may become symptomatic in the future." The trial court also stated that it found no evidence that Stephens had signed the release under duress.

Stephens moved to alter, amend, or vacate the summary judgment. The trial court denied that motion and Stephens appealed to the Supreme Court of Alabama, which transferred the appeal to this court, pursuant to § 12-2-7, Ala.Code 1975.

A motion for summary judgment is properly granted where no genuine issue of material fact exists and the moving party is entitled to a judgment as a matter of law. Rule 56, Ala. R. Civ. P.; Bussey v. John Deere Co., 531 So.2d 860 (Ala.1988). On a motion for a summary judgment, the evidence must be viewed in a light most favorable to the nonmoving party, and all reasonable doubts concerning the existence of a genuine issue of material fact must be resolved in favor of the nonmovant. Hanners v. Balfour Guthrie, Inc., 564 So.2d 412 (Ala. 1990). After the moving party makes its prima facie showing, the burden shifts to the nonmoving party to demonstrate the existence of a genuine issue of material fact. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794 (Ala.1989). The nonmoving party is required to present "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 Florida, 547 So.2d 870, 871 (Ala.1989).

Stephens argues that the trial court erred in ruling against his claim of economic duress.

"Economic duress consists of: `(1) wrongful acts or threats; (2) financial distress caused by the wrongful acts or threats; [and] (3) the absence of any reasonable alternative to the terms presented by the wrongdoer.' International Paper Co. v. Whilden, 469 So.2d 560, 562 (Ala. 1985). The doctrine of economic duress applies only to `special, unusual, or extraordinary situations in which unjustified coercion is used to induce a contract, as where extortive measures are employed, or improper or unjustified demands are made, under such circumstances that the victim has little choice but to accede thereto.' International Paper, 469 So.2d at 563.
"`The entering into a contract with reluctance or even dissatisfaction with its terms because of economic necessity does not, of itself, constitute economic duress invalidating the contract. Unless unlawful or unconscionable pressure is applied by the other party to induce the entering into a contract, there is not economic compulsion amounting to duress.'
"International Paper, 469 So.2d at 563, (quoting Chouinard v. Chouinard, 568 F.2d 430 (5th Cir.1978))."

Clark v. Liberty Nat'l Life Ins. Co., 592 So.2d 564, 567 (Ala.1992).

In entering its summary judgment, the trial court stated that Stephens had presented "no evidence" in support of his contention that he had signed the release under duress. In his affidavit submitted in support of his opposition to the motion for a summary judgment, Stephens stated that Allen McKinsey, the superintendent of the Railway, called Stephens to his office and told Stephens that if he did not sign the release his employment would be terminated. Stephens's affidavit is *86 dated September 11, 1997. Approximately two and a half years earlier, on March 21, 1995, Stephens had testified at his deposition that he did not remember being threatened when he signed the release.

"When a party has given clear answers to unambiguous questions which negate the existence of any genuine issue of material fact, that party cannot thereafter create such an issue with an affidavit that merely contradicts, without explanation, previously given clear testimony." Continental Eagle Corp. v. Mokrzycki, 611 So.2d 313, 317 (Ala.1992) (emphasis added). Stephens's testimony in his affidavit clearly contradicts his earlier sworn testimony; he offered no explanation for that contradiction. Stephens can not use his affidavit as evidence to create a question of fact. Stephens presented no evidence, other than his affidavit, to indicate that he signed the release under duress. The trial court correctly refused to consider Stephens's affidavit as admissible evidence of economic duress.

Stephens next argues that the trial court applied the release to absolve the Railway of liability for future negligence and that it erred in doing so. In its judgment, the trial court found that Stephens had suffered a second accident that affected the same area of his back had been injured in his 1986 accident.

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723 So. 2d 83, 1998 WL 414482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-ala-state-docks-terminal-ry-alacivapp-1998.