Roland Crouch and Sandra Crouch v. North Alabama Sand & Gravel, LLC, and Austin Powder Company

Summary

The Alabama Supreme Court affirmed the trial court’s summary judgment on the trespass claim but reversed it on the Crouches’ claims of abnormally dangerous activity, wantonness, and nuisance, remanding for further proceedings. The Court held that genuine issues of material fact existed on those three claims, requiring a jury trial. The decision applied the Restatement (Second) of Torts test for abnormally dangerous activities and recognized the need for evidence of wantonness and nuisance.