Andre Barnwell v. CLP CorporationAnnotate this Case
Plaintiff Andre Barnwell appealed the grant of summary judgment entered in favor of CLP Corporation ("CLP"), the defendant below. In a previous review, the Alabama Supreme Court reversed a summary judgment entered in favor of CLP and remanded the case. Barnwell sued CLP, alleging that he was injured when he slipped and fell in the restaurant. CLP moved for a summary judgment, arguing that the alleged fall was caused by an open and obvious danger and that part of Barnwell's testimony about the alleged fall was unreliable and should not be considered. CLP also filed a motion to strike Barnwell's affidavit and part of his earlier deposition. In that motion, CLP argued that Barnwell's affidavit testimony conflicted with his deposition testimony. CLP also argued that part of Barnwell's deposition testimony regarding the accident is contradicted by photographs showing the interior of the restaurant. In August 2016, the circuit court entered an order granting CLP's motion for a summary judgment, without stating a reason. The circuit court did not enter an order indicating a ruling on CLP's motion to strike. In this case, the Supreme Court found no reason to reopen its discussion regarding the admissibility of Barnwell's affidavit and full deposition. The evidence subject to review in the second appeal was the same as that in the first appeal. The Court noted that, although most of CLP's arguments in this appeal were made in the first appeal, CLP briefly presented new arguments questioning the reliability of Barnwell's testimony. However, those arguments could have been raised in the first appeal but were not, and the Court thus declined to further address them here. The Court again reversed and remanded.