Susan Serio v. Merrell, Inc.

Summary

The Alabama Supreme Court affirmed summary judgment for Merrell, Inc. in Susan Serio's personal-injury action arising from a tractor-trailer collision. The court held that Serio was contributorily negligent as a matter of law and failed to present sufficient evidence that the truck driver's conduct constituted wantonness.

Holdings

1. Summary judgment was proper because Serio was contributorily negligent as a matter of law. The undisputed evidence showed that she entered the path of a plainly visible approaching truck without maintaining an adequate lookout, and she failed to present substantial evidence creating a genuine issue as to her knowledge, appreciation of the danger, or failure to exercise reasonable care.
2. Summary judgment was proper on the wantonness claim. Although contributory negligence is not a defense to wantonness, Serio failed to identify circumstances beyond the truck's alleged excessive speed that could support a finding of wantonness.

Questions Presented

1. Whether the evidence created a genuine issue of material fact precluding summary judgment on Merrell's affirmative defense of contributory negligence.
2. Whether contributory negligence notwithstanding could not defeat the wantonness claim, the evidence supported summary judgment on that claim because Serio failed to show conduct beyond excessive speed that could constitute wantonness.

Disposition

affirmed