Supreme Court of Alabama, 1993

Tanner v. Brigham-Williams & Associates, Inc.

Tanner v. Brigham-Williams & Associates, Inc.
Supreme Court of Alabama · Decided March 26, 1993 · Adams, Hornsby, Maddox, Steagall, Ingram, Almon, Kennedy
627 So. 2d 864; 1993 Ala. LEXIS 318; 1993 WL 84448 (Southern Reporter, Second Series)

Tanner v. Brigham-Williams & Associates, Inc.

Opinion of the Court

ADAMS, Justice.

The judgment is reversed and the cause is remanded on the authority of Bell v. Colony Apartments Co., Ltd., 568 So.2d 805 (Ala. 1990). See also Rule 56(c), A.R.Civ.P.

REVERSED AND REMANDED.

HORNSBY, C.J., and MADDOX, STEAGALL and INGRAM, JJ., concur. ALMON and KENNEDY, JJ., dissent.

Dissenting Opinion

ALMON, Justice

(dissenting).

I think the trial court properly entered the summary judgment for the defendants in this case. This is not a situation in which the defendant should be held liable for the criminal act of a third party. See, e.g., Moye v. A.G. Gaston Motels, Inc., 499 So.2d 1368 (Ala. 1986); Stripling v. Armbrester, 451 So.2d 789 (Ala. 1984); and Parham v. Taylor, *865402 So.2d 884 (Ala. 1981). Moreover, the evidence concerning the alleged disappearance of the jewelry was speculative and conjectural. Under these circumstances, the summary judgment for the defendants was proper.

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