Crabtree v. BASF Building Systems, LLCAnnotate this Case
Edward Crabtree slipped and fell on the top floor of physician's parking deck of a medical center owned by Mobile Infirmary Associates d/b/a Mobile Infirmary Medical Center, and he suffered injuries as a result. The Crabtrees sued, naming as defendants in the lawsuit Mobile Infirmary and fictitiously named parties; BASF was one of the parties the Crabtrees substituted for a fictitiously named defendant in an amended complaint. The Crabtrees contended BASF was liable for Edward Crabtree's fall because a polyurethane product called Sonoguard, which was manufactured by BASF's predecessor ChemRex, Inc. was improperly installed on the floor of the parking deck where Edward Crabtree fell and sustained his injuries. BASF petitioned for a writ of certiorari, questioning the ruling of the Court of Civil Appeals with respect to the statute of limitations and with respect to the issues of duty and whether there was substantial evidence to support the Crabtrees' claims. The facts and circumstances of this case lead the Supreme Court to conclude that BASF did not assume a duty to provide more advice or assistance to CHP than it actually provided. Further, the record did not contain substantial evidence that BASF failed to exercise due care in providing the particular advice and assistance that it did provide in relation to the installation of Sonoguard or that any such advice or assistance proximately caused the condition that led to Edward Crabtree's fall. Accordingly, the Court concluded the trial court correctly entered a summary judgment in favor of BASF based on the evidence before it, and the judgment of the Court of Civil Appeals was reversed.