Supreme Court of Alabama

Andre Barnwell v. Clp Corporation

April 21, 2017235 So. 3d 238

Summary

The court reversed the summary judgment for CLP because the record did not establish that the condition Barnwell identified as causing his fall was open and obvious. The court also held that Barnwell's deposition and affidavit testimony could be considered because they were not irreconcilably contradictory, and the surveillance footage did not conclusively disprove his account. The case was remanded for further proceedings.