Bailey v. RE Garrison Trucking Co.

CourtAlabama Court of Civil Appeals
Writing for the CourtMURDOCK.
Citation834 So.2d 122
PartiesBilly BAILEY v. R.E. GARRISON TRUCKING CO.
Decision Date03 May 2002

834 So.2d 122

Billy BAILEY
v.
R.E. GARRISON TRUCKING CO

2000916.

Court of Civil Appeals of Alabama.

May 3, 2002.


834 So.2d 123
J. Barton Warren, Huntsville, for appellant

Finis E. St.John IV of St.John & St. John, L.L.C., Cullman, for appellee.

MURDOCK, Judge.

In April 1998, Billy Bailey ("the employee"), a former employee of R.E. Garrison Trucking Co. ("the employer"), filed a twocount complaint seeking workers' compensation benefits from the employer and alleging a retaliatory-discharge claim against the employer for damages under § 25-5-11.1, Ala.Code 1975. The parties settled the workers' compensation claim and the trial court approved the settlement in June 1999. The retaliatory-discharge claim remained pending.

In February 2001, the employer filed a summary-judgment motion directed to the employee's retaliatory-discharge claim. After a hearing, the trial court entered a summary judgment in favor of the employer. The employee appealed to the Alabama Supreme Court, which transferred the appeal to this court pursuant to § 12-2-7(6), Ala.Code 1975.

The issue before this court is whether the trial court erred in entering the summary judgment. We review a summary judgment de novo, applying the same standard as was applied in the trial court. A motion for a summary judgment is to be granted when no genuine issue of material fact exists and the moving party is entitled to a judgment as a matter of law. Rule 56(c)(3), Ala. R. Civ. P. A party moving for a summary judgment must make a prima facie showing "that there is no genuine issue as to any material fact and that [he] is entitled to a judgment as a matter of law." Rule 56(c)(3), Ala. R. Civ. P. The court must view the evidence in a light most favorable to the nonmoving party and must resolve all reasonable doubts against the movant. Hanners v. Balfour Guthrie, Inc., 564 So.2d 412 (Ala.1990). If the movant meets this burden, "the burden then shifts to the nonmovant to rebut the movant's prima facie showing by `substantial evidence.'" Lee v. City of Gadsden, 592 So.2d 1036, 1038 (Ala.1992).

In Alabama, an employee may lawfully be discharged from his employment, with or without cause or justification, for a good reason, a bad reason, or no reason at all. Culbreth v. Woodham Plumbing Co., 599 So.2d 1120 (Ala.1992). Section 25-5-11.1,

834 So.2d 124
Ala.Code 1975, states an exception to this rule
"No employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers' compensation benefits...."

In regard to actions brought under § 25-5-11.1, the Alabama Supreme Court has held:

"[A]n employee may establish a prima facie case of retaliatory discharge by proving that he was `terminated' because he sought to recover worker's compensation benefits, which would be an
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24 practice notes
  • J.C. v. State Department of Human Resources, 2060091.
    • United States
    • Alabama Court of Civil Appeals
    • October 12, 2007
    ...by trial courts but, instead, use a settled standard of appellate review — the ore tenus rule. See Ex parte State Dep't of Human Res., 834 So.2d at 122.10 Because appellate courts do not weigh evidence, particularly when "the assessment of the credibility of witnesses is involved,"......
  • Mercy Medical v. Gray
    • United States
    • Alabama Court of Civil Appeals
    • August 30, 2002
    ...v. John Deere Co., 531 So.2d 860, 863 (Ala.1988)) (citations omitted in Glenlakes Realty). In Bailey v. R.E. Garrison Trucking Co., 834 So.2d 122 (Ala.Civ.App.2002), this court "In Alabama, an employee may lawfully be discharged from his employment, with or without cause or justificati......
  • Pollock v. Girl Scouts of S. Ala., Inc., 2130538.
    • United States
    • Alabama Court of Civil Appeals
    • February 27, 2015
    ...1036, 1038 (Ala.1992).” '“Barrett v. Lee Brass Co.,883 So.2d 227, 228 (Ala.Civ.App.2003)(quoting Bailey v. R.E. Garrison Trucking Co.,834 So.2d 122, 123 (Ala.Civ.App.2002)).”McDuffie v. Medical Ctr. Enter.,110 So.3d 857, 859–60 (Ala.Civ.App.2012).Pursuant to the Act, compensation may be awa......
  • Bradford v. Rent-a-Center East, Inc., Civil Action No. 3:03cv0697-T.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • November 23, 2004
    ...of an asserted reason is weak or equivocal, the jury might simply disbelieve the defendant."); Bailey v. R.E. Garrison Trucking Co., 834 So.2d 122, 125 (Ala.Civ.App.2002) (denying employer's motion for summary judgment on a retaliatory discharge claim where, "[g]iven the disputed ......
  • Request a trial to view additional results
24 cases
  • J.C. v. State Department of Human Resources, 2060091.
    • United States
    • Alabama Court of Civil Appeals
    • October 12, 2007
    ...by trial courts but, instead, use a settled standard of appellate review — the ore tenus rule. See Ex parte State Dep't of Human Res., 834 So.2d at 122.10 Because appellate courts do not weigh evidence, particularly when "the assessment of the credibility of witnesses is involved,"......
  • Mercy Medical v. Gray
    • United States
    • Alabama Court of Civil Appeals
    • August 30, 2002
    ...v. John Deere Co., 531 So.2d 860, 863 (Ala.1988)) (citations omitted in Glenlakes Realty). In Bailey v. R.E. Garrison Trucking Co., 834 So.2d 122 (Ala.Civ.App.2002), this court "In Alabama, an employee may lawfully be discharged from his employment, with or without cause or justificati......
  • Pollock v. Girl Scouts of S. Ala., Inc., 2130538.
    • United States
    • Alabama Court of Civil Appeals
    • February 27, 2015
    ...1036, 1038 (Ala.1992).” '“Barrett v. Lee Brass Co.,883 So.2d 227, 228 (Ala.Civ.App.2003)(quoting Bailey v. R.E. Garrison Trucking Co.,834 So.2d 122, 123 (Ala.Civ.App.2002)).”McDuffie v. Medical Ctr. Enter.,110 So.3d 857, 859–60 (Ala.Civ.App.2012).Pursuant to the Act, compensation may be awa......
  • Bradford v. Rent-a-Center East, Inc., Civil Action No. 3:03cv0697-T.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • November 23, 2004
    ...of an asserted reason is weak or equivocal, the jury might simply disbelieve the defendant."); Bailey v. R.E. Garrison Trucking Co., 834 So.2d 122, 125 (Ala.Civ.App.2002) (denying employer's motion for summary judgment on a retaliatory discharge claim where, "[g]iven the disputed ......
  • Request a trial to view additional results

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