Albert v. Scott's Truck Plaza, Inc.
| Docket Number: | 2007-CA-00008-SCT Linked Case(s): 2007-CA-00008-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 02-28-2008 Opinion Author: Lamar, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful death - Premises liability - Duty to invitee Judge(s) Concurring: Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ. Dissenting Author : Easley and Graves, JJ., without separate written opinion. Dissenting Author : Randolph, J., with separate written opinion. Dissent Joined By : Diaz, P.J.; Easley, J. Joins In Part. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 11-27-2006 Appealed from: Lauderdale County Circuit Court Judge: Lester F. Williamson Disposition: The Circuit Court of Lauderdale County granted summary judgment in favor of Scott's Truck Plaza. Case Number: 04-CV-151(R) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MARK ALBERT, INDIVIDUALLY AND AS
REPRESENTATIVE OF THE WRONGFUL
DEATH BENEFICIARIES OF KYLA ALBERT,
DECEASED |
Jeffrey D. Leathers |
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| Appellee: | SCOTT’S TRUCK PLAZA, INC., INCORRECTLY NAMED AS RONNY HUDDNAL AND DOROTHY HUDDNAL, A PARTNERSHIP, DOING BUSINESS AS SCOTT’S AMOCO, LONGSPUR, L.P., AND BURNS AND BURNS, INC. | JAMES RYAN PERKINS, J. WYATT HAZARD, CAROLYN CURRY SATCHER | ||
| Appellee #2: | ||||
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| Topic: | Wrongful death - Premises liability - Duty to invitee |
| Summary of the Facts: | Kyla Albert, Mark Albert’s wife, was struck and killed while crossing a public roadway en route from Scott’s Truck Plaza to the gravel parking area across the road where her truck was parked. Mark Albert filed a wrongful death suit against Scott’s Truck Plaza; Longspur, L.P., the owner of the property upon which Scott’s Plaza was situated; and Burns and Burns, Inc., the provider of the gas and gas equipment, for failure to keep the premises in a reasonably safe condition and failure to warn of the unsafe condition concerning the public roadway. The circuit court granted summary judgment in favor of the defendants. Albert appeals. |
| Summary of Opinion Analysis: | It is undisputed that Kyla Albert was an invitee when she was upon the premises of the truck stop. The issue is whether she retained that invitee status upon entering the public roadway to return to the Alberts’ truck. Albert argues that Kyla Albert retained her status as an invitee of Scott’s while walking across the street, since the gravel area was an integral part of Scott’s business. While a tenant/lessee/occupier of premises owes a duty of reasonable care to its invitees for the demised property and such necessary incidental areas substantially under its control and which he invites the public to use, Albert failed to set forth specific facts sufficient to establish that the gravel area across the road was an integral part of Scott’s business. The knowledge of defendants’ employees of patrons’ occasional use of the gravel area was insufficient to show that the area was a necessary incidental area substantially under the defendants’ control. Albert also failed to show that the defendant invited the public to use the gravel area across the road. Thus, the trial court properly granted summary judgment for the defendants. |
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