SUMMARY JUDGMENT - EX PARTE BASF CONSTRUCTION CHEMICALS, LLC
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By
Cunningham Bounds LLC
Ex parte BASF Construction Chemicals, LLC, [Ms.1101204, Dec. 30, 2013] __ So. 3d __ (Ala. 2013). When the existence
of a duty depends upon disputed questions of fact, a jury question is
presented, but the question of duty is still a question of law for the
trial court. If the plaintiff presents substantial evidence of facts that
would support the existence of a duty, the court may submit that fact
question to the jury. This opinion analyzes these principles at some length,
so it would be an important case for the plaintiff to cite when opposing
a summary judgment motion asserting that the defendant owed no duty. In
this particular case, the Court holds that the plaintiffs' evidence
did not establish that BASF voluntarily undertook a duty that would support
the plaintiffs' claim and held that the circuit court properly entered
a summary judgment for BASF.
