EX PARTE FLINT CONST. CO.
Decision Date | 28 July 2000 |
Citation | 775 So.2d 805 |
Parties | Ex parte FLINT CONSTRUCTION COMPANY. (Re Robert Lee Hall, Jr. v. Flint Construction Company et al.) |
Court | Alabama Supreme Court |
Donald B. Kirkpatrick II and W. Bradford Kittrell of Carr, Allison, Pugh, Howard, Oliver & Sisson, Birmingham; and Larry Stine of Wimberly, Lawson, Steckel, Nelson & Schneider, P.C., Atlanta, Georgia, for petitioner.
John A. Owens and Apsilah Owens Millsaps of Owens & Almond, L.L.P., Tuscaloosa, for respondent.
Flint Construction Company, a defendant in an action pending in the Pickens Circuit Court, petitions for a writ of mandamus directing the circuit court to grant its motion to dismiss for lack of subject-matter jurisdiction. We deny the petition.
Robert Lee Hall, Jr., is a resident of Pickens County. In 1980, Hall was hired by Flint Construction Company; the contract of employment was entered in Reform, Alabama. Flint is a Georgia Corporation and has only one business office, which is located in Lawrenceville, Georgia. Hall worked for Flint from 1980 to 1986 on a part-time basis and was promoted in 1986 to the position of full-time foreman. During his employment with Flint, Hall worked in various southeastern states, including Alabama, and he worked for Flint until 1997, when his employment was terminated.
Hall suffered two on-the-job injuries while working for Flint in 1990; both injuries occurred in Georgia. Following these injuries, Hall made workers' compensation claims relating to them, and Flint and Hall sought to settle those claims in the Pickens County Circuit Court. They entered into two settlement agreements (dated December 14, 1993, and May 10, 1996, respectively) whereby they agreed that "they [were] subject to the provisions of the Workmen's Compensation Statute of Alabama, as amended."
In April 1997, Hall was injured in an on-the-job accident in Bastrop, Louisiana. In June 1997, Flint terminated Hall's employment. In April 1999, Hall sued Flint in the Pickens County Circuit Court for workers' compensation benefits and for damages for retaliatory discharge, intentional infliction of emotional distress (the tort of outrage), and fraud.
In response to Hall's complaint, Flint moved to dismiss for lack of subject-matter jurisdiction. Hall opposed Flint's motion by arguing that he is a resident of Alabama, that he was working pursuant to a contract of hire entered into in Alabama, and that his employment was not localized in any state, and that he therefore met the threshold requirements for bringing his claims in Alabama, pursuant to § 25-5-35, Ala.Code 1975. Hall also pointed out that Flint had previously agreed that Alabama had jurisdiction over similar workers' compensation claims brought by Hall while he was employed by Flint.
Flint contended that the previous settlement agreements it had entered into with Hall were not relevant to this dispute. It also asserted that Hall's employment had changed in 1986, and, therefore, that when Hall accepted the full-time position with Flint—a position Flint says he accepted while he was at Flint's office in Georgia— his employment then became "pursuant to a contract for hire in Georgia." See § 25-5-35(d)(2), Ala.Code 1975.1 Flint also argued that Hall's employment had been "principally localized" in Georgia. See Id.
The trial court held that it had subject-matter jurisdiction over Hall's claims. In its order denying Flint's motion to dismiss, the court wrote:
To continue reading
Request your trial-
Hall v. Flint Construction Co.
...775 So.2d 805 (Ala. 2000) ... Ex parte Flint Construction Company ... (Re: Robert Lee Hall, Jr ... Flint Construction Company et al.) ... SUPREME COURT OF ALABAMA SPECIAL TERM, 2000 ... ...
-
Tanner & Guin, LLC v. State Dep't of Revenue (Ex parte State Dep't of Revenue)
...whether the trial court has clearly abused its discretion. See Ex parte Rudolph, 515 So.2d 704, 706 (Ala.1987).”Ex parte Flint Constr. Co., 775 So.2d 805, 808 (Ala.2000).The department has failed to demonstrate that the trial court erred in determining it had jurisdiction over Tanner & Guin......
-
Blackmon v. Genesis Pittman, D.M.D., P.C. (In re Genesis Pittman, D.M.D., P.C.)
...497, 499 (Ala. 1995). The question of subject-matter jurisdiction is reviewable by a petition for a writ of mandamus. Ex parte Flint Constr. Co., 775 So.2d 805 (Ala. 2000).'" Ex parte Liberty Nat'l Life Ins. Co., 888 So.2d 478, 480 (Ala. 2003)." Ex parte Progressive Specialty Ins. Co., 31 S......