Opinion

Gilmore v. Shell Oil Co.

  • 613 So. 2d 1272
  • 1993 WL 47826
Court
Supreme Court of Alabama
Filed
Feb 26, 1993
Status
Published
Author
Houston
On the bench
Houston, Ingram
Cited by
22 cases

stating that "a defendant who creates a dangerous 'condition' is not responsible for a plaintiff's injury that results from the intervention of another agency, if at the time of the defendant's original negligence the intervening agency could not reasonably be foreseen"

How later courts described this case

  • stating that "a defendant who creates a dangerous 'condition' is not responsible for a plaintiff's injury that results from the intervention of another agency, if at the time of the defendant's original negligence the intervening agency could not reasonably be foreseen"
  • holding that "suicide and/or deliberate and intentional self-destruction is unforeseeable as a matter of law"
  • addressing when a decedent’s suicide is an “intervening efficient cause” that breaks the chain of causation flowing from a defendant’s negligence
  • “A ‘genuine issue of material fact’ is a disputed factual issue that is ‘outcome determinative.’ ‘A fact is outcome determinative if the resolution of that fact [before the trial court] will establish or eliminate a claim or defense....’” (quoting John J. Coleman III, Summary Judgment in Alabama: The Nuances of Practice Under. Rule 56, 20 Cumb. L.Rev. 1,5(1989))

Written by the judges who cited it.

The opinion

I find no initial legal liability on the part of any defendant, and I would affirm the summary judgment on that ground, although I do agree that Michael Gilmore's act was unforeseeable as a matter of law.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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