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Ex parte Sterilite Corporation of Alabama6/7/2002
PETITION FOR WRIT OF MANDAMUS
Sterilite Corporation of Alabama (hereinafter referred to as "Sterilite"), a defendant in an action filed by John C. Homer III in the Jefferson Circuit Court petitions this Court for a writ of mandamus directing the trial court to vacate its denial of Sterilite's motion to dismiss. The petition is denied.
From the statements of facts contained in, and the exhibits attached to, the parties' briefs to this Court, the following pertinent facts are presented to this Court in consideration of Sterilite's petition for the writ of mandamus. On or about March 23, 1998, Homer was injured when merchandise fell on him when he opened a trailer he had delivered from an undisclosed location to a Wal-Mart distribution center in Virginia. Sterilite had loaded the trailer. On October 4, 1999, Homer filed a voluntary petition in bankruptcy in the United States Bankruptcy Court, Middle District of Georgia (hereinafter referred to as "the bankruptcy court"). Homer indicated, by checking a box appearing on the bankruptcy petition, that he was filing for bankruptcy under Chapter 7 of the Bankruptcy Code. A document accompanying the petition entitled "Schedule B -- Personal Property" listed various types of personal property and provided blank areas for Homer to describe and give the location of the property he owned, and to state the current market value of his interest in the listed property. Homer did not list as property in that document any cause of action he had against Sterilite.
On December 20, 1999, Homer filed a complaint in the trial court alleging that Sterilite had negligently or wantonly loaded and sealed the trailer, and that its negligence or wantonness had resulted in the merchandise located in the trailer falling on Homer when he opened the trailer, causing him permanent emotional and physical injuries; Homer sought compensatory and punitive damages based upon his alleged injuries. On January 20, 2000, Homer was discharged from bankruptcy by order of the bankruptcy court; on that same day, the bankruptcy court entered a final decree closing Homer's case, stating that his estate had been fully administered, that the deposit required by the plan, if any, had been distributed, and that the trustee of the estate was discharged and his bond cancelled.
On February 23, 2000, Sterilite filed an answer to Homer's complaint. On February 8, 2001, Sterilite filed an amended answer that set out two additional defenses: (1) that Homer " not have standing to assert the claims and seek damages as alleged in his omplaint"; and (2) that Homer " judicially estopped from asserting the claims and seeking damages as alleged in his defense ." On March 29, 2001, the trustee in Homer's bankruptcy case filed, in the bankruptcy court, a motion to reopen that case; that motion stated, in pertinent part, that " t now appears that [Homer] failed to schedule or advise your trustee of his interest in a personal injury action," and that " t is believed that this interest has significant value." A portion of a case action summary sheet attached as an exhibit to Homer's brief in reply to Sterilite's petition for a writ of mandamus further shows that on April 24, 2001, the trial court denied a motion for a summary judgment that had been filed by Sterilite on February 21, 2001. On May 3, 2001, the bankruptcy court entered an order reopening Homer's case. On May 8, 2001, Homer filed an amendment to his bankruptcy petition, adding his lawsuit against Sterilite as a potential asset, and claiming an exemption to a portion of the damages he might receive.
On August 16, 2001, Sterilite filed a motion to dismiss in the trial court. That motion stated, in pertinent pa
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