Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Barnwell v. CLP Corp.

Supreme Court of Alabama

April 21, 2017

Andre Barnwell
v.
CLP Corporation

         Appeal from Calhoun Circuit Court (CV-14-900270)

          PARKER, Justice.

         Andrew Barnwell appeals a summary judgment entered by the Calhoun Circuit Court ("the circuit court") in favor of CLP Corporation ("CLP").

         Facts and Procedural History

         CLP owns and operates a McDonald's fast-food restaurant ("the restaurant"). The following facts are derived from Barnwell's deposition testimony. On April 25, 2013, Barnwell visited the restaurant. Barnwell stated that after he entered the restaurant, he went straight to the restroom to wash his hands. Barnwell's deposition testimony explains what happened next:

"[Barnwell:] I just come out and started walking straight back and the door -- the entrance door would be on my left and the counter would be on the right.
"[CLP's trial counsel:] What happened after that?
"[Barnwell:] I had -- I was going to turn and go to the counter, I planted my left foot. When I did, it just kind of slipped out from under me sort of sideways and I went back down on my left hip and pushed myself just kind of all one motion, just down and hit and then back up.
"[CLP's trial counsel:] I'm going to walk through what we just talked about. You're coming out of the restroom and you're going to make a right turn to head towards the counter?
"[Barnwell:] Yes.
[CLP's trial counsel:] I take it you're headed to the counter. Were you going to order?
"[Barnwell:] Yes.
"[CLP's trial counsel:] And you plant your left foot?
"[Barnwell:] Right.
"[CLP's trial counsel:] What happens immediately after you plant your left foot?
"[Barnwell:] It slides away from me.
"[CLP's trial counsel:] And you're indicating it went out sideways?
"[Barnwell:] Yes.
"[CLP's trial counsel:] And that it went out from underneath you?
"[Barnwell:] Yes.
"[CLP's trial counsel:] What happens after the left foot comes out from underneath you?
"[Barnwell:] I just go down that way and kind of hit on my hip sort of turned like that and then I stuck my hands and pushed myself and I got back up.
"[CLP's trial counsel:] So your left foot goes out from underneath you?
"[Barnwell:] Right.
"[CLP's trial counsel:] You fall to the ground?
"[Barnwell:] Right, and I'm trying to put my hand out.
"[CLP's trial counsel:] You're indicating when you're falling to the ground you put your hand out to catch you?
"[Barnwell:] Yes.
"[CLP's trial counsel:] Was it just one of your hands or both?
"[Barnwell:] Just one.
"[CLP's trial counsel:] Your left ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.