Minor v. Alabama Specialties, Inc.

Decision Date06 March 1992
Citation598 So.2d 938
CourtAlabama Court of Civil Appeals
PartiesLarry Wayne MINOR v. ALABAMA SPECIALTIES, INC., et al. 2910038.

Ray O. Noojin, Jr. of Hare, Wynn, Newell & Newton, Birmingham, for appellant.

Charles F. Carr and Thomas L. Oliver II of Rives & Peterson, Birmingham, for appellees.

ROBERTSON, Presiding Judge.

This is an appeal from the entry of a summary judgment.

Larry Wayne Minor sought workmen's compensation benefits for injuries suffered in an automobile accident. At the time of the accident he was employed by Alabama Specialties, Inc. (employer). The employer's motion for summary judgment was granted, and Minor appeals.

The only issue before this court is whether the granting of the summary judgment was proper.

Rule 56, Alabama Rules of Civil Procedure, provides that summary judgment is proper when the trial court determines that there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. Melton v. Perry County Board of Education, 562 So.2d 1341 (Ala.Civ.App.1990). The moving party bears the burden of proof. Melton. Also, the reviewing appellate court must apply the same standard utilized by the trial court when reviewing an entry of summary judgment. Melton.

Under Rule 56(c), A.R.Civ.P., the party moving for summary judgment has the burden of negating the existence of a genuine issue of material fact. Once that burden has been met, the non-moving party must come forward with substantial evidence to show otherwise. Economy Fire & Casualty Co. v. Goar, 551 So.2d 957 (Ala.1989).

The record reflects that on February 2, 1990, Minor was hired to hang sheet rock for the employer at a hospital construction site in Atlanta, Georgia. Samuel Crumbley, who was already working for the employer at the construction project in Atlanta, helped Minor get the job. Minor rode to Atlanta with Crumbley in Crumbley's personal vehicle, and they shared a hotel room in Atlanta. Crumbley paid for the room as Minor had not yet received a paycheck. Crumbley had previously arranged with his supervisor to leave Atlanta after work on Wednesday, February 7, 1990, to return to Birmingham to take care of some personal business on February 8, 1990. Minor also obtained permission from the supervisor to return home with Crumbley on Wednesday and to return to work the following Monday. Minor sustained injuries in an automobile accident on I-20 while riding with Crumbley on the trip from Atlanta back to Birmingham.

In granting the employer's motion for summary judgment, the trial court noted that "[Minor's] injuries did not arise out of and in the course of his employment."

Pursuant to § 25-5-1, Code 1975, an employee's injuries are compensable if his accident arose out of and occurred in the course of employment. Generally, accidents that occur while an employee is traveling to and from work are not compensable because they fail to meet the arising out of and occurring in the course of employment requirement. Sun Papers, Inc. v. Jerrell, 411...

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4 cases
  • Britt v. Shelby County Health Care Auth.
    • United States
    • Alabama Court of Civil Appeals
    • April 13, 2001
    ...addressed [in Alabama], Alabama courts have addressed several other exceptions to the general rule. See Minor v. Alabama Specialties, Inc., 598 So.2d 938 (Ala.Civ.App.1992) (employer may be liable where the employer provides transportation to or from work); Tucker v. Die-Matic Tool Co., 652......
  • Babwari v. State Farm Fire & Cas. Co.
    • United States
    • U.S. District Court — Northern District of Alabama
    • January 21, 2022
    ...see Hughes 514 So.2d at 937; Tucker v. Die-Matic Tool Co., Inc., 652 So.2d 263 (Ala. Civ. App. 1994); Minor v. Alabama Specialties, Inc., 598 So.2d 938 (Ala. Civ. App. 1992). The first three exceptions clearly do not apply here. The gas station did not reimburse Plaintiff for his travel. At......
  • Process Equipment, Inc. v. Quinn
    • United States
    • Alabama Court of Civil Appeals
    • March 14, 1997
    ...held that such an accident arises out of and in the course of the employee's employment and is compensable. Minor v. Alabama Specialties, Inc., 598 So.2d 938 (Ala.Civ.App.1992); Worthington v. Moore, 563 So.2d 617 (Ala.Civ.App.1990); Patterson v. Whitten, 57 Ala.App. 297, 328 So.2d 301 The ......
  • Terry v. NTN-Bower Corp., NTN-BOWER
    • United States
    • Alabama Court of Civil Appeals
    • December 4, 1992
    ...situations where the employer furnishes the employee transportation or reimburses him for his travel expenses, Minor v. Alabama Specialties, Inc., 598 So.2d 938 (Ala.Civ.App.1992); where the accident occurs on the employer's property or on public property that is tantamount to the employee'......

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