Higginbotham v. Beverly Enterprises, Inc.

YATES, Judge.

Joan Marie Higginbotham sued Beverly Enterprises, Inc. (“Beverly”), in May 1996, seeking to recover workers’ compensation benefits for an injury she had suffered during the course of her employment. Beverly moved for a summary judgment, arguing that Higginbotham’s action was barred by the two-year statute of limitations applicable to workers’ compensation claims. § 25-5-80, Ala.Code 1975. The trial court entered a summary judgment in favor of Beverly. Higginbotham appealed.

A motion for summary judgment is to be granted if there is no genuine issue of material fact and the moving…