Londell Marina, Jr. v. Bama Reinforcing, LLC (Appeal from Madison Circuit Court: CV-22-901025).

Summary

The court reversed the judgment as a matter of law entered for Bama Reinforcing in Marina's negligence action and remanded for a new trial. It held that contributory negligence was not a proper basis for judgment as a matter of law because Marina's conscious appreciation of the specific danger presented a jury question. The court also held that evidence that Bama Reinforcing was the only contractor using chairs and had a contractual duty to clean its work area was sufficient to create a jury question regarding whether its negligent cleanup caused the injury.