Alabama Court of Civil Appeals, 1998

Rowell v. Wood

Rowell v. Wood
Alabama Court of Civil Appeals · Decided May 15, 1998 · Crawley, Monroe, Robertson, Thompson, Yates
730 So. 2d 222; 1998 Ala. Civ. App. LEXIS 376; 1998 WL 245072 (Southern Reporter, Second Series)

Rowell v. Wood

Opinion of the Court

CRAWLEY, Judge.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(C), AR.App. P.; Christian v. Kenneth Chandler Constr. Co., 658 So.2d 408 (Ala. 1995); Graveman v. Wind Drift Owners’ Ass'n Inc., 607 So.2d 199 (Ala. 1992); Bryant v. Morley, 406 So.2d 394 (Ala. 1981); and Thrasher v. Thrasher, 674 So.2d 595 (Ala.Civ.App. 1995).

ROBERTSON, P.J., and YATES and MONROE, JJ., concur. THOMPSON, J., dissents.

Dissenting Opinion

THOMPSON, Judge,

dissenting.

A homeowner does not have an active duty to safely maintain his premises for licensees. Rather, the law imposes upon him the duties of abstaining from willfully and wantonly injuring a licensee and of avoiding negligently injuring the licensee after the landowner discovers a danger to the licensee. I do not believe the plaintiff in this case met his burden of proof. There was no evidence that Rowell knew his wife had placed the carpet back on the steps until after Wood’s fall. Therefore, I respectfully dissent.

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