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730 So. 2d 222

Rowell v. Wood

Court of Civil Appeals of Alabama · decided 1998-05-15

Relies on 607 So. 2d 199 - Graveman v. Wind Drift Owners' Ass'n, Inc. · 406 So. 2d 394 - Bryant v. Morley · Christian v. Kenneth Chandler Const. Co.

Decided 1998-05-15

CRAWLEY, Judge.

¶1AFFIRMED. NO OPINION.

¶2See 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.
THOMPSON, Judge,

¶3dissenting.

¶4A 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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