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Mathis v. Harrell Company3/1/2002
The sole issue in this case is whether the trial judge erred in entering a summary judgment in favor of the defendants in an action in which Kenneth Mathis claimed that he was injured by a defectively designed piece of farm machinery. We reverse and remand.
This action involves a piece of farm machinery called a Super Packer Cotton Module Builder ("Super Packer") used to pack cotton into a module or bundle. The plaintiffs Kenneth Mathis and Betty G. Mathis, husband and wife, filed a five-count complaint against Harrell Company, Inc. ("Harrell Company"), the manufacturer of the Super Packer; Larry Askew, Kenneth Mathis's employer; and Brooks AG Company, Inc. ("Brooks AG"), the supplier of the Super Packer. The complaint alleged: (1) that the Super Packer was defective under the provisions of Alabama's Extended Manufacturers' Liability Doctrine ("AEMLD"); (2) that the Super Packer was negligently designed; (3) that the defendants negligently failed to provide adequate warnings and instructions for operating the Super Packer; (4) that the defendants wantonly designed the Super Packer and wantonly failed to provide adequate warnings and instructions for operating the Super Packer; and (5) a claim by Betty Mathis for a loss of consortium. On November 16, 1998, the Mathises filed an amended complaint, in which Kenneth Mathis stated a claim under the Employer's Liability Act, ยง 25-6-1 et seq., Ala. Code 1975, in which he alleged that his injuries were caused by a defect in the condition of the Super Packer and a lack of training on the Super Packer. In his amended complaint, Kenneth Mathis also alleged that his injuries were caused by the negligence and/or wantonness of his employer, Larry Askew, in that "Larry Askew failed to adequately warn of the hazards associated with the use of the 'Super Packer,' failed to provide literature and training aids and to train [Kenneth Mathis] relating to the hazards associated with the use of the 'Super Packer,' failed to provide a safe workplace for [Mathis], and failed to remedy or correct the defect in the 'Super Packer' once it was brought to his attention." Mathis further alleged in the amended complaint that "Larry Askew, ordered and/or directed [Mathis], in the line and scope of this employment, to operate the 'Super Packer' when ... Larry Askew, knew or should have known the 'Super Packer' was in a defective condition and [Mathis] was bound to conform and did conform to said orders or directions and [Mathis's] injuries resulted from his having so conformed."
On March 7, 2001, Betty G. Mathis filed a motion requesting that the trial court dismiss her as a plaintiff, and the trial court granted the motion; therefore, this appeal involves only those claims made by Kenneth Mathis.
On February 2, 2001, Harrell Company filed a motion for a summary judgment, asserting, among other things, that the Super Packer was not defective; that Mathis failed to properly operate the Super Packer according to its instructions; and that Mathis was contributorily negligent.
On March 26, 2001, Askew filed a motion for a summary judgment, asserting, among other things, that the Super Packer was not defective; that Mathis failed to operate the Super Packer properly according to its instructions; and that Mathis was contributorily negligent.
On May 21, 2001, after hearing arguments from each of the parties, the trial court granted the motions for a summary judgment filed by Harrell Company and Askew. The Court, in pertinent part, held:
"The matters before the Court are the Motions for Summary Judgment filed by Defendants Harrell Company, Inc., and Larry Askew. The Court has considered the record, the affidavits, briefs, and ar
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