Legal Opinion · Dissent

Cotten v. ST. BERNARD PREPARATORY SCHOOL

Court of Civil Appeals of Alabama

Decided April 10, 2009No. 2080291Published

1DissentThompson, Presiding Judge

Because I believe the trial court properly entered a summary judgment in favor of St. Bernard Preparatory School (“St. Bernard”), I must respectfully dissent.

Assuming for purposes of this writing only that Shirley Cotten was an invitee rather than a licensee, meaning that St. Bernard owed her a greater duty than it would a licensee, I do not believe that St. Bernard breached that duty of care.

*164“1 “[A]s a general rule, an invitor will not be liable for injuries to an invitee resulting from a danger which was known to the invitee or should have been observed by the invitee in the exercise of…

2Cases cited11 opinions

  1. Quillen v. QuillenSupreme Court of Alabama · 1980
  2. Tice v. TiceSupreme Court of Alabama · 1978
  3. Lamson & Sessions Bolt Co. v. McCartySupreme Court of Alabama · 1937
  4. Sessions v. NonnenmannSupreme Court of Alabama · 2002
  5. Gray v. Mobile Greyhound Park, Ltd.Supreme Court of Alabama · 1979

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