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LANFORD v. CITY OF SHEFFIELD1/17/1997
This case presents the issue of whether a city prisoner, injured while working as a "trusty," is an employee of the city under Alabama workers' compensation law.
On September 7, 1994, Mike Lanford began serving a jail sentence imposed as a result of his conviction for driving under the influence of alcohol and related misdemeanor offenses in the City of Sheffield ("City"). In addition to the jail sentence, Lanford was fined. During his incarceration, Lanford worked as a trusty. On October 20, 1994, Lanford was helping a City employee get breakfasts for other City prisoners. While carrying the boxed breakfasts out of the hospital where they were prepared, Lanford fell over a floor fan and was injured.
After the State Board of Adjustments denied Lanford's claim for compensation, Lanford filed a claim for workers' compensation against the City on November 22, 1995. The City moved for a summary judgment on April 18, 1996, on the ground that Lanford was not an employee of the City. On June 4, 1996, the trial court entered a summary judgment for the City. Lanford appeals, arguing that he is entitled to workers' compensation benefits because he was injured while working as an employee of the City.
Rule 56, Ala.R.Civ.P., sets forth a two-tiered standard for entering summary judgment. The rule requires the trial court to determine (1) that there is no genuine issue of material fact and (2) that the moving party is entitled to a judgment as a matter of law. The burdens placed on the moving party by this rule have often been discussed by this Court:
" 'The burden is on one moving for summary judgment to demonstrate that no genuine issue of material fact is left for consideration by the jury. The burden does not shift to the opposing party to establish a genuine issue of material fact until the moving party has made a prima facie showing that there is no such issue of material fact. Woodham v. Nationwide Life Ins. Co., 349 So.2d 1110 (Ala. 1977); Shades Ridge Holding Co. v. Cobbs, Allen & Hall Mortg. Co., 390 So.2d 601 (Ala. 1980); Fulton v. Advertiser Co., 388 So.2d 533 (Ala. 1980).' "
Berner v. Caldwell, 543 So.2d 686, 688 (Ala. 1989) (quoting Schoen v. Gulledge, 481 So.2d 1094 (Ala. 1985)).
The standard of review applicable to a summary judgment is the same as the standard for granting the motion, that is, we must determine whether there was a genuine issue of material fact and, if not, whether the movant was entitled to a judgment as a matter of law. Our review is further subject to the caveat that this Court must review the record in a light most favorable to the non-movant and must resolve all reasonable doubts against the movant. Wilson v. Brown, 496 So.2d 756, 758 (Ala. 1986); Harrell v. Reynolds Metals Co., 495 So.2d 1381
(Ala. 1986). See also Hanners v. Balfour Guthrie, Inc., 564 So.2d 412 (Ala. 1990).
The record in this case is comprised of the pleadings and the depositions of Lanford and Kirk Jones, the Captain of the City's Police Department. Our review of the record, viewing the evidence most favorably to Lanford, shows that Lanford volunteered to work as a trusty, and that in that capacity, he did a variety of work assisting regular City employees. Although the exact nature of his convictions and sentence is unclear, Lanford was sentenced in municipal court under Ala. Code 1975, § 11-45-9:
"(a) Municipal ordinances may provide penalties of fines, imprisonment, hard labor or one or more of such penalties for violation of ordinances.
"(b) No fine shall exceed $500.00, and no sentence of imprisonment or hard labor shall exceed six months except, when in the enforcement of the pen
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