Ex parte The Utilities Board of the City of Foley, AlabamaAnnotate this Case
The Utilities Board of the City of Foley, Alabama, d/b/a Riviera Utilities ("Riviera Utilities"), and Tom DeBell, James Wallace, Kevin Saucier, and Roby Tomlin (collectively, "the Riviera employees") were defendants in a personal-injury action filed by Charles Hilburn, Jr., and his wife, Christa. Riviera Utilities and the Riviera employees petitioned the Alabama Supreme Court for a writ of mandamus to direct the Baldwin Circuit Court to vacate its order denying their motion for a summary judgment as to the claims filed against them by the Hilburns and to enter a summary judgment in their favor. On July 22, 2014, Riviera Utilities was one of eight Baldwin County entities that received an "811 ticket," also known as a line-locate ticket. Gulf Equipment Corporation was in charge of a bridge-repair project pursuant to a contract between Gulf Equipment and the Baldwin County Highway Department. A line-locate technician employed by Riviera Utilities went to the project site to mark underground lines; he saw a bridge, but no equipment was present and no one was working. Finding no underground utilities, the technician did not mark anything regarding utilities or note the presence of overhead lines. Charles was employed by Gulf Equipment on the bridge-repair project. A co-employee was operating a track hoe to drive steel pilings into the ground when the track hoe and/or a steel piling came in contact with an uninsulated overhead electrical power line. The electrical current traveled from the track hoe and/or piling into the body of the track hoe while Charles was touching the body of the track hoe, causing the electrical charge to enter into his hand, travel through his body, and exit via his leg. Charles was permanently disabled by the electrocution injuries he suffered, including a brain injury and memory loss. The Hilburns sued Riviera Utilities and the Riviera employees in their individual capacities. The Hilburns conceded the Riviera employees were entitled to a summary judgment as to the wantonness claims asserted against them and that DeBell, Wallace, and Tomlin were entitled to a summary judgment as to the negligence claims asserted against them. The Alabama Supreme Court found Saucier demonstrated he was entitled to State-agent immunity as to the negligence claim asserted against him, therefore establishing a clear legal right to a summary judgment on that claim. However, because Riviera Utilities did not demonstrate it was entitled to substantive immunity as to the claims asserted against it, it did not establish a clear legal right to a summary judgment on those claims. Therefore, the Alabama Supreme Court granted the petition only as to the Riviera employees and issued a writ directing the Baldwin Circuit Court to vacate its order of August 29, 2017, denying a summary judgment as to the Riviera employees and to enter a summary judgment in favor of DeBell, Wallace, Tomlin, and Saucier as to the claims asserted against them. The Court denied the petition as to Riviera Utilities.