Walker v. Capstone Building Corp.

I concur in the main opinion. I write to note that the main opinion should not be interpreted as holding that trespass no longer has a field of operation in tort claims. Rather, the main opinion holds that trespass is not equivalent to wantonness.

As I see it, the basic distinction between “negligence,” “wantonness,” and “trespass” is explained as follows: Essentially, “negligence” is akin to “careless.” See Hornady Truck Line, Inc. v. Meadows, 847 So.2d 908, 915 (Ala.2002) (“ ‘ “Negligence” is defined as “refer[ring] only to that legal delinquency which results whenever a man fails to exhibit…