News
2/9/2007 - Renters Win Deck Collapse Case in Baldwin County
BAY MINETTE, AL--A Baldwin County jury found for the defendants in a case relating to a deck collapse which occurred in Gulf Shores on 7/22/03. Karen Shormann, from Texas, rented Mr. Ward's beach house through Reed Realty. She signed the rental agreement in her own name but it was for the use of her small business, Genesis Science. Genesis Science produced courses and camps for home schooled children. Most of its employees were friends and relatives of Ms. Shormann's and they worked out of their home. Ms. Shormann decided it would be good to have a retreat/vacation for her employees and invited her employees to bring their children along. Five adults and twelve children checked into the beach house on a Sunday night after dark. On Tuesday night after dark the 12' by 48' deck fell. There was serious injury to one plaintiff (Kelly Hill) but her case was settled before the trial began. The trial continued with Ms. Danielson and four of her children as plaintiffs. Their medicals totalled about $5,000. Mr. Ward, the owner of the beach house, had filed a third party claim against Karen Shormann claiming that they were liable for any judgment which might be returned against him because he claimed there was indemnity language in the rental agreement. In response to the third party complaint, Karen Shormann filed a cross-claim for her minor injuries and Genesis Science, Inc. filed a cross-claim for $1200 in out of pocket expenses. Mr. Ward's defense was that the deck collapsed as a result of design defects which could not have been foreseen by Mr. Ward. Reed Realty claimed that it was not responsible for anything other than minor maintenance and had no duty to inspect the deck. The case was tried from Feb. 5-9 before Judge Wilters in the Circuit Court of Baldwin County. Judge Wilters granted a motion for judgment as a matter of law in favor of Karen Shormann and Genesis Science, Inc. at the conclusion of Ward's case on the third party claim. The third party defendants were represented by Ronald G. Davenport of Rushton, Stakely, Johnston & Garrett, P.A. The trial proceeded on the claims of the plaintiffs and the third party defendants' cross-claims. After five and a half hours of deliberation, the jury returned a verdict for both defendants. The case is styled Patricia Danielson, et. al vs. George Maxwell Ward and Reed Realty and Construction.