
    Robert E. ROWELL v. Brian WOOD.
    2970113.
    Court of Civil Appeals of Alabama.
    May 15, 1998.
    Rehearing Denied June 19, 1998.
    Certiorari Quashed Feb. 19,1999 Alabama Supreme Court 1971771.
    William A. Donaldson of Brown, Hudgens, P.C., Mobile, for appellant.
    Richard L. Watters, Mobile, for appellee.
   CRAWLEY, Judge.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(C), AR.App. P.; Christian v. Kenneth Chandler Constr. Co., 658 So.2d 408 (Ala.1995); Graveman v. Wind Drift Owners’ Ass'n Inc., 607 So.2d 199 (Ala.1992); Bryant v. Morley, 406 So.2d 394 (Ala.1981); and Thrasher v. Thrasher, 674 So.2d 595 (Ala.Civ.App.1995).

ROBERTSON, P.J., and YATES and MONROE, JJ., concur.

THOMPSON, J., dissents.

THOMPSON, Judge,

dissenting.

A homeowner does not have an active duty to safely maintain his premises for licensees. Rather, the law imposes upon him the duties of abstaining from willfully and wantonly injuring a licensee and of avoiding negligently injuring the licensee after the landowner discovers a danger to the licensee. I do not believe the plaintiff in this case met his burden of proof. There was no evidence that Rowell knew his wife had placed the carpet back on the steps until after Wood’s fall. Therefore, I respectfully dissent.  