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Tenn Tom Building v. Olen2/25/2005
Tenn Tom Building, a joint venture ("Tenn Tom"), appeals from judgments entered against it in favor of Olen, Nicholas & Copeland, P.C., and 166 Government Street, L.L.C. (hereinafter referred to collectively as "the adjoining owners"), in the adjoining owners' action against Tenn Tom alleging negligence. We reverse and remand.
I.
In 1982, Tenn Tom purchased a vacant building in downtown Mobile. Although Tenn Tom planned to develop the building, it did not do so, and the building remained vacant until July 7, 2001, when it was destroyed by fire. During the fire, one of the walls of the building fell onto the adjoining owners' building, damaging their building and the offices it contained.
It is undisputed that the fire was intentionally set at multiple places in Tenn Tom's building by a trespasser or trespassers. Although Tenn Tom was aware that trespassers had entered the building on numerous occasions during its ownership, there was no evidence of any fire in the building before July 7, 2001.
II.
On March 15, 2002, the adjoining owners sued Tenn Tom. In pertinent part, the adjoining owners alleged that their property had been damaged by Tenn Tom's negligence. More specifically, they alleged that Tenn Tom had "negligently allowed [its building] to remain in a state of such disrepair so as to allow transients to live in the structure." Further, they alleged that Tenn Tom "took no actions to prevent the occupancy of said structure and the foreseeable starting of fires and other activities." Tenn Tom answered the complaint, and later moved for a summary judgment. The trial court denied the summary-judgment motion, and the case went to trial.
At the close of the adjoining owners' case-in-chief and again at the close of all the evidence, Tenn Tom moved for a judgment as a matter of law as to the adjoining owners' negligence claim, the only claim tried. The trial court denied the motions. On January 27, 2004, the jury returned verdicts totaling $518,774.21 in favor of the adjoining owners. On that same date, the trial court entered judgments consistent with the verdicts. On February 2, 2004, Tenn Tom renewed its motion for a judgment as a matter of law or, in the alternative, moved for a new trial. The trial court denied Tenn Tom's posttrial motion, and Tenn Tom appealed.
III.
Our standard of review of a ruling on a motion for a judgment as a matter of law ("JML") is well established:
"When reviewing a ruling on a motion for a JML, this Court uses the same standard the trial court used initially in granting or denying the motion. Palm Harbor Homes, Inc. v. Crawford, 689 So. 2d 3 (Ala. 1997). Regarding questions of fact, the ultimate issue is whether the non-movant has presented sufficient evidence to allow the case or issue to be submitted to the jury for a factual resolution. Carter v. Henderson, 598 So. 2d 1350 (Ala. 1992). In an action filed after June 11, 1987, the non-movant must present substantial evidence to withstand a motion for a JML. See ยง 12-21-12, Ala. Code 1975; West v. Founders Life Assurance Co. of Florida, 547 So. 2d 870, 871 (Ala. 1989). A reviewing court must determine whether the party who bears the burden of proof has produced substantial evidence creating a factual dispute requiring resolution by the jury. Carter, 598 So. 2d at 1353. In reviewing a ruling on a motion for a JML, this Court views the evidence in the light most favorable to the non-movant and entertains such reasonable inferences as the jury would have been free to draw. Id. If the question is one of law, this Court indulges no presumption of correctness as to the trial court's ruling. Ricwil, Inc. v. S.L. Pap
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