In
Garrie v. Summit Treestands, LLC, [Ms. 2080164, April 30, 2010] __ So.3d __ (Ala. Civ. App. 2010) (on application
for rehearing), the Alabama Court of Civil Appeals reviewed several aspects
of product liability law in the context of a plaintiff who fell out of
a tree stand that he alleged was defective. First, the Court held that
negligence and wantonness claims were not subsumed by the AEMLD under
Vesta Fire Ins. Corp. v. Milam & Co. Construction, 901 So.2d 84 (Ala. 2004). The Court then affirmed the summary judgment
entered by the trial court as to plaintiff's AEMLD claims as plaintiff
failed to present any evidence about a safer, practical, alternative design
for the tree stand. Next, the Court examined whether the plaintiff, who
was not wearing a safety harness at the time of the fall, was contributorily
negligent as a matter of law. The Court held that plaintiff's testimony
supported that he subjectively believed that the belt was not to be used
while climbing or descending a tree, and the Court held that the danger
involved in plaintiff's fall was not a "self-evident danger of
which he should have been aware" such as to support summary judgment.
Defendant argued that plaintiff failed to present substantial evidence
to support his negligence claim, but defendant failed to move for summary
judgment on that ground and, thus, plaintiff had no burden to offer evidence
supporting his negligence claim. Finally, the Court affirmed summary judgment
as to plaintiff's wantonness claim, as plaintiff presented no evidence
supporting a claim of wantonness. The Court granted plaintiff's application
for rehearing, reversed in part, affirmed in part, and remanded the case
to the Circuit Court of Pickens County.
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