Garmon v. King Coal Co., Inc.

This is the second time this case has been here. The case was first tried in Circuit Court before a jury and the jury returned a verdict in favor of the plaintiffs Nile and Jimmy Garmon, appellants here. The trial court entered a judgment in favor of the Garmons against the defendant, King Coal Company, and King Coal appealed. This Court reversed and remanded the cause to the Circuit Court "for further proceedings not inconsistent" with its opinion. KingCoal Co. v. Garmon, 388 So.2d 886 (Ala. 1980). After remand, King Coal Company filed a motion for summary judgment "based upon the ruling of…