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eBook details

• Title: Ronald Sprouse v. Belcher Oil Company
• Author : Supreme Court of Alabama
• Release Date : January 08, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Ronald Sprouse appeals from the entry of a judgment notwithstanding the jury's $200,000 verdict in favor of Sprouse in his personal injury action against Belcher Oil Company. Sprouse is a petroleum inspector employed by an independent inspection company. His job includes inspecting and certifying the quality and quantity of petroleum products being shipped on barges such as the ones that load and unload at the oil terminal operated by the defendant, Belcher Oil Company. In performing these inspections, Sprouse records a series of measurements to determine the amount of petroleum being sold or purchased. To obtain these measurements, the inspector must actually board the barge. The evidence showed that, at the Belcher facility, there is a drop of approximately 12 feet from the dock to the deck of the barge. Wooden railroad crossties were affixed to the end of the dock, forming a structure that resembled a ladder. Inspectors normally boarded the barges by means of a portable aluminum ladder provided by Belcher. At approximately 2:45 a.m. on November 27, 1986, Sprouse was called by Phillip Kirksey, the terminal operator at Belcher's facility, to inspect two barges. When Sprouse arrived, at approximately 3:30 a.m., there were only two other people at the facility: Kirksey and the dockman, Thomas Ladner. Sprouse requested a ladder from Ladner, who told Sprouse that the ladder was locked up and that he did not have a key. Ladner also indicated that Kirksey did not have a key. Sprouse never directly requested a ladder from Kirksey, nor did he ask Ladner to request a ladder from Kirksey. After concluding that a ladder was not immediately available, Sprouse lowered himself and his equipment onto the barges by climbing down the wooden crossties on the end of the dock. After completing his inspection, Sprouse climbed back up the crossties onto the dock. To climb the last five feet, however, he had to grasp the top of the dock and pull himself up. Immediately after pulling himself up, Sprouse noticed a severe pain in his lower back. Two days later he was diagnosed as having a herniated disc. On November 15, 1988, Sprouse filed this action, alleging that Belcher had negligently and/or wantonly breached its duty to provide him with a safe place to work.

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