(251) 299-0101

SUMMARY JUDGMENT - EX PARTE BASF CONSTRUCTION CHEMICALS, 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.
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