Bates v. Peoples Sav. Life Ins. Co.
Bates v. Peoples Sav. Life Ins. Co.
Opinion
This appeal is from a summary judgment granted in favor of Peoples Savings Life Insurance Company of Tuscaloosa (Peoples Insurance) in a negligence action filed by Bertha Bates and her husband. We reverse and remand.
Bertha Bates sustained injuries when she fell on a stairway in a building owned by Peoples Insurance. The building contains several small businesses, including the Oak City Beauty Shop, located on the street level, and Druid City Cab Service, located on the second floor. In deposition, Mrs. *Page 485 Bates testified that she arrived at the Oak City Beauty Shop shortly before 7:00 a.m. on Saturday, March 19, 1983, so that she could be the first customer of Julia Prewitt, the owner/operator of Oak City Beauty Shop. According to Mrs. Bates, Julia Prewitt served customers on a first-come, first-served basis on Saturdays. Mrs. Bates testified that she arrived at the beauty shop before Mrs. Prewitt. She waited for a few minutes and then walked upstairs to the Druid City Cab Service to telephone Mrs. Prewitt. After talking to Mrs. Prewitt, Mrs. Bates began to descend the stairs leading from Druid City Cab Service and fell, sustaining the injuries for which she seeks to recover.
A landlord owes the same degree of care to individuals injured in common areas over which the landlord exercises control as ordinary landowners. Coggin v. Starke Bros. RealtyCo.,
The trial court entered summary judgment on the authority ofTice v. Tice,
In Tice v. Tice, supra, the plaintiff, Mrs. Tice, served as a babysitter for her son's children while her son and daughter-in-law worked. She was walking on a sidewalk leading to her son's house when she slipped and fell. She was unable to state what caused her fall, but surmised that the fall was caused by one of several toys strewn about the yard. We affirmed a summary judgment for the defendants and held that Mrs. Tice had failed to produce any evidence from which a jury could conclude that the defendants had breached a duty owed to her. Similarly, in Sledge v. Carmichael, supra, we held that the trial court properly directed a verdict in favor of the defendant, where the plaintiff admitted that her fall occurred because she completely missed a set of steps leading from a porch.
In Folmar v. Montgomery Fair Company,
Here, Mrs. Bates is specific as to the cause of her fall. She testified upon deposition that she fell because the heel of her boot became caught in carpet covering the stairway, which she described as worn, loose, shaggy, bumpy, and in need of repairs. We hold that Mrs. Bates has produced *Page 486 evidence from which a jury could reasonably conclude that Peoples Insurance breached a duty owed to her.
REVERSED AND REMANDED.
TORBERT, C.J., and MADDOX, FAULKNER and JONES, JJ., concur.
Reference
- Full Case Name
- Bertha Bates and Joe Bates v. Peoples Savings Life Insurance Company of Tuscaloosa, Inc.
- Cited By
- 4 cases
- Status
- Published