Supreme Court of Alabama

J. Gregory Carwie, Conservator for and on Behalf of Emil Harris v. Peter Knudsen A/s

August 24, 20122012 Ala. LEXIS 108

Summary

Justice Stuart dissents from the Alabama Supreme Court’s affirmation of the trial court’s judgment for Knudsen, arguing that the evidence shows Knudsen breached its active‑control duty by leaving an unguarded tween deck, creating an unreasonable hazard that caused Harris’s injury. He contends the judgment is plainly and palpably wrong under the ore tenus standard and should be reversed.