Crider v. Zurich Insurance Company

Citation224 F. Supp. 87
Decision Date16 May 1963
Docket NumberCiv. A. No. 63-119.
PartiesThomas J. CRIDER, Plaintiff, v. ZURICH INSURANCE COMPANY, a corporation, Defendant.
CourtUnited States District Courts. 11th Circuit. United States District Court of Northern District of Alabama

Max C. Pope, of Levine, Fulford & Gwaltney, and J. Terry Huffstutler, Birmingham, Ala., for plaintiff.

Foster Etheredge, of Spain, Gillon & Young, Birmingham, Ala., for defendant.

GROOMS, District Judge.

This matter came on for hearing at this time upon the plaintiff's motion for summary judgment and upon the defendant's motion to dismiss.

From the proceedings herein, the following facts appear to be undisputed:

Plaintiff, Thomas J. Crider, while an employee of Lawler Construction Company, Inc., a Georgia corporation, was injured on the 11th day of July, 1956, in DeKalb County, Alabama. Both Crider and Lawler were under and subject to the Workmen's Compensation Act of Georgia, Code, § 114-101 et seq., at the time the former was injured. Crider instituted a suit against Lawler in the Circuit Court of DeKalb County, Alabama, seeking recovery under three counts, the first count being under the Alabama Compensation law, Code of Ala., Tit. 26, § 253 et seq., and Counts Two and Three being under the common law.

On February 11, 1959, Crider amended his complaint striking all of the original counts and his demand for a jury trial, and added Count A under the Georgia Compensation law. On the following day judgment by default was entered against Lawler for the sum of $10,500, together with costs.

The defendant herein, Zurich Insurance Company, a corporation, was the Workman's Compensation insurer of Lawler. It claims that the Circuit Court of DeKalb County, Alabama, was without jurisdiction of the subject matter, and that this action cannot be maintained against Zurich who is in privity with Lawler, and that the judgment is void.

The Court has heard oral argument, has considered the briefs and reviewed the authorities, and is of the opinion that the defendant's contention is well taken.

In Green v. J. A. Jones Const. Co., 161 F.2d 359, the Court of Appeals for the Fifth Circuit, held that the Circuit Court of Hinds County, Mississippi, and the United States District Court for the Southern District of Mississippi did not have jurisdiction to award damages under the Georgia Workmen's Compensation Act in an original proceeding filed in the former court and removed to the United States District Court. The Court ruled that the Georgia decisions

"settle it that the remedy for enforcement of the rights conferred by the Georgia Workmen's Compensation Act, Code
...

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3 cases
  • Crider v. Zurich Insurance Company
    • United States
    • United States Supreme Court
    • March 1, 1965
    ...judgment, federal jurisdiction being based on diversity of citizenship. The District Court granted respondent's motion to dismiss (224 F.Supp. 87) and the Court of Appeals affirmed. 324 F.2d 499. The case is here on a writ of certiorari. 377 U.S. 942, 84 S.Ct. 1354, 12 L.Ed.2d The District ......
  • Crider v. Zurich Insurance Company
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 10, 1965
    ...decided that the Alabama state court was without jurisdiction and its judgment was void. The suit was dismissed. Crider v. Zurich Insurance Co., 224 F.Supp. 87. This Court, citing Green v. J. A. Jones Construction Co., supra, affirmed. Crider v. Zurich Insurance Co., 5th Cir. 1963, 324 F.2d......
  • Baron v. NORTH JERSEY NEWSPAPER GUILD, LOCAL 173, ETC.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • November 27, 1963

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