David Vanconant v. Riverworks Design Studio, LLC, Rusty Alexander, and Lisa Alexander (Appeal from Colbert Circuit Court: CV-21-900015).

Rel: May 2, 2025

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern
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SUPREME COURT OF ALABAMA
OCTOBER TERM, 2024-2025

_________________________

SC-2024-0592
_________________________

David Vanconant

v.

Riverworks Design Studio, LLC, Rusty Alexander, and Lisa
Alexander

Appeal from Colbert Circuit Court
(CV-21-900015)

SELLERS, Justice.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(A), Ala. R. App. P.
SC-2024-0592

Stewart, C.J., and Shaw, Wise, Bryan, Mendheim, Cook, and

McCool, JJ., concur.

Mitchell, J., concurs in part and dissents in part.

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MITCHELL, Justice (concurring in part and dissenting in part).

David Vanconant hired Riverworks Design Studio, LLC

("Riverworks"), to help him renovate and add on to his home in Muscle

Shoals. After the project was finished, Vanconant sued Riverworks and

its owners, Rusty Alexander and Lisa Alexander, in the Colbert Circuit

Court, asserting breach-of-contract and negligence claims for

Riverworks' alleged substandard work. The case proceeded to trial, and,

at the close of Vanconant's case-in-chief, the trial court entered judgment

as a matter of law for the defendants on Vanconant's claims related to

his roof. Vanconant's other claims were submitted to the jury, which

returned a verdict in favor of the defendants. The trial court then entered

judgment on the jury's verdict, and Vanconant appealed.

This Court now affirms that judgment. I concur to the extent we

are affirming the judgment entered on the claims submitted to the jury.

But to the extent we are affirming the judgment entered on Vanconant's

roof-related claims, I dissent.

At trial, Vanconant presented substantial evidence indicating that

Riverworks was responsible for the design and construction of the

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defective roof installed on the new addition to his home. That evidence

included:

(1) the "Scope of Work Agreement" executed by the parties
providing that Riverworks was responsible for
"[d]esigning [the] exterior and interior of home including
doors, windows, roof + tie-in, exterior paint and materials"
(emphasis added) and "[o]verseeing framing and roof work
on addition" (emphasis added);

(2) the invoices created by Riverworks showing that it billed
Vanconant for work related to the roof; and

(3) the testimony of Rusty Alexander, indicating that he drew
a picture of a roof truss for the contractor building the roof,
that he referred Vanconant to a company he used when
purchasing roof trusses, that he ordered the crane needed
to install the roof trusses, that he was on the roof when
they were installing the roof decking, and that Lisa
Alexander acted as the general contractor or project
manager for some parts of the work on Vanconant's home.

Despite this evidence, the trial court entered judgment as a matter of law

in favor of the defendants on Vanconant's roof-related claims, which

prevented the jury from considering them. I believe this was error.

Under Rule 50(a)(1), Ala. R. Civ. P., a trial court should enter

judgment as a matter of law against a plaintiff who has rested his case

only if "there is no legally sufficient evidentiary basis for a reasonable

jury to find for that party on that issue." In making that determination,

the trial court must view the evidence in the light most favorable to the
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nonmovant and entertain such reasonable inferences as the jury would

be free to draw. City of Birmingham v. Major, 9 So. 3d 470, 476 (Ala.

2008). As noted above, Vanconant produced evidence at trial indicating

that Riverworks was responsible for designing the roof and overseeing

the roof work and that Riverworks, in fact, billed him for work related to

the roof. Moreover, a jury could have reasonably concluded from Rusty

Alexander's testimony that Riverworks had some actual involvement in

the design and construction of the roof.1 Under these circumstances, I

believe it was error for the trial court not to submit Vanconant's breach-

of-contract and negligence claims related to the roof to the jury. I would

therefore reverse that part of the judgment and remand the case for a

new trial.

1To be sure, evidence was also presented at trial indicating that

Riverworks was not responsible for the roof. But that evidence is
irrelevant to the inquiry here -- whether Vanconant submitted
substantial evidence to support his claims. See City of Birmingham, 9
So. 3d at 476 (explaining that " 'the ultimate question is whether the
nonmovant has presented sufficient evidence to allow the case to be
submitted to the jury for a factual resolution' " (citation omitted)). Any
weighing of the evidence presented at trial was for the jury. See T&J
White, LLC v. Williams, 375 So. 2d 1225, 1230 (Ala. 2022)
(" ' "[C]redibility determinations, the weighing of evidence, and the
drawing of legitimate inferences from the facts are jury functions, not
those of a judge ...." ' " (citations omitted)).
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