Wilkerson v. Johnson

868 So. 2d 417, 2003 Ala. LEXIS 170, 2003 WL 21246567
CourtSupreme Court of Alabama
DecidedMay 30, 2003
Docket1020329
StatusPublished
Cited by1 cases

This text of 868 So. 2d 417 (Wilkerson v. Johnson) 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
Wilkerson v. Johnson, 868 So. 2d 417, 2003 Ala. LEXIS 170, 2003 WL 21246567 (Ala. 2003).

Opinions

MADDOX, Retired Justice.

This case arises out of an automobile accident that occurred at an intersection in the City of Mobile. The trial judge entered a summary judgment for the defendant, and the sole question presented on this appeal is whether the plaintiff presented substantial evidence creating a genuine issue of material fact as to whether the defendant’s negligence caused the accident. We believe that she did; therefore, we reverse the summary judgment and remand the case.

Facts

Lamondeze Johnson, in his motion for a summary judgment filed in the action brought against him by Catherine Wilkerson, included what he described as a “Narrative of Undisputed Facts.” That narrative reads, in pertinent part, as follows:

“This case involves an automobile accident which occurred on January 30, 2001 at the intersection of Dauphin Island Parkway (‘DIP’) and McVay Drive, in Mobile County, Alabama.... [Wilkerson] claims [Johnson] was negligent....
“[Wilkerson] was driving southbound on DIP and came to a complete stop at a red light at this intersection. [Wilkerson] was in the first position at the red light.... [Johnson] was making a left-hand turn from the turning lane on northbound DIP onto McVay Drive....
“It is undisputed that [Johnson] had the right-of-way because he proceeded into the intersection on a green arrow. In fact, [Wilkerson] watched four or five cars make the left-hand turn in front of [Johnson].... After [Johnson] was a significant distance into the intersection, his signal changed from a green arrow to yellow.... Because this is a very busy intersection, it is not unusual for traffic making this left-hand turn off of DIP onto McVay to back up into the intersection for a short period.... On this occasion [Johnson] was not able to clear the intersection completely prior to [Wilkerson’s] signal turning from red to green.... Instead of waiting for the intersection to clear of traffic which had the right-of-way, [Wilkerson] failed to keep a proper lookout and drove into the passenger rear side of [Johnson’s] vehicle....
“[Wilkerson] failed to allow the intersection to clear of traffic which had the right-of-way prior to proceeding forward. She claims she did not see [Johnson] because her view was obstructed by the car next to her.... The accident report reflects, however that her view was not obstructed.... Further, the photographs attached hereto as Exhibit 5 [Exhibit 5 is not attached to this opinion] indicate it would be nearly impossible for [Wilkerson’s] view of the intersection to be obstructed, as this is a very large intersection with a significant distance between [Wilkerson’s] stopping point at the white line and [Johnson’s] pattern of travel onto McVay Drive.
“[Wilkerson] further claims that as soon as she saw [Johnson], she slammed [419]*419on her brakes but her car began to skid.... The accident report reflects that [Wilkerson] was traveling approximately 35 miles per hour at the time of the collision.... [Wilkerson], therefore, took off from the red light at a high rate of speed because she admitted she was completely stopped prior to the collision .... Also it is undisputed that the roadway was dry....”

Wilkerson argues that the facts are in dispute, and in her brief on appeal states, in part, the following:

“In the case presently before this Court Lamondeze Johnson claimed he had the right of way to make a left turn and had driven across the white line marking the intersection of Dauphin Island Parkway and McVay Drive under a yellow traffic signal before the collision .... In opposition to this contention, Catherine Wilkerson claimed she entered the intersection, as did the vehicle to her left, upon her traffic signal turning green.... As Catherine Wilkerson entered into the intersection, the vehicle to her left slammed on its brakes.... Within a split second Catherine Wilkerson saw [the Johnson] vehicle coming from the left to the immediate front of her vehicle.... She braked, but skidded into the rear, passenger side of Lamon-deze Johnson’s vehicle....
“Reviewing the evidence in a light most favorable to the non-movant, it was clear there was sufficient evidence to defeat the summary judgment motion. Just as was noted in Kirk [v. Griffin, 667 So.2d 1378 (Ala.Civ.App.1995),] and Allen [v. Hill, 758 So.2d 574 (Ala.Civ.App.1999)], the parties before this Court have a different story as to how the accident occurred. Lamondeze Johnson claimed Catherine Wilkerson hit him as he had the right-of-way, entering the intersection under a yellow light.... Catherine Wilkerson, claimed she, as well as another vehicle, entered the intersection under a green light.... Given the fact the investigating police officer indicated the traffic signals were functioning properly at the time of the collision[,] coupled with the fact Catherine Wilkerson and Lamondeze Johnson could not both enter the intersection legally as they described, an inference can be made, by reviewing the evidence in a light most favorable to the non-movant, that Lamondeze Johnson ran through a red lighted traffic signal while attempting to make a left turn in front of Catherine Wilkerson.... As a result of this inference, the trial court erred in entering summary judgment in favor of Lamondeze Johnson.”

(Wilkerson’s brief, pp. 4-5.)

Analysis

We first state the scope of our review of a summary judgment. In Densmore v. Jefferson County, 813 So.2d 844, 848 (Ala. 2001), this Court, citing earlier cases, stated:

“[W]hen reviewing a ruling on a motion for a summary judgment, this Court applies the same standard the trial court used in determining whether the evidence before the court made out a genuine issue of material fact. When a party moving for a summary judgment makes a prima facie showing that there is no genuine issue of material fact and that the movant is entitled to a judgment as a matter of law, the burden shifts to the nonmovant to present substantial evidence creating a genuine issue of material fact. ‘[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[420]*420ance Co. of Florida, 547 So.2d 870, 871 (Ala.1989).”

In his brief on appeal, Johnson argues that “[n]egligenee of both parties, or absence of negligence” of both parties “precludes recovery by either party,” and that “[rjecov-ery may only be had where one party to an automobile accident is guilty of actionable negligence and the other is not,” citing Winfrey v. Witherspoon’s, Inc., 260 Ala. 371, 71 So.2d 37 (1954); A.B.C. Truck Lines, Inc. v. Kenemer, 247 Ala. 543, 25 So.2d 511 (1946).

Although evidence was presented in support of the motion for a summary judgment from which a fact-finder might infer that Johnson was not negligent or that Wilkerson was guilty of contributory negligence, we believe that a summary judgment was inappropriate in this case. See Hilburn v. Shirley, 437 So.2d 1252 (Ala.1983). In Hilbum, the plaintiff injured his back when he jumped out of his tractor-trailer rig following an accident.

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Bluebook (online)
868 So. 2d 417, 2003 Ala. LEXIS 170, 2003 WL 21246567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkerson-v-johnson-ala-2003.