Legal Opinion
Whitely v. Food Giant, Inc.
Court of Civil Appeals of Alabama
Decided March 28, 1997No. 2960036PublishedCited by 4 opinions
1Opinion of the Court
The plaintiff appeals from the trial court's judgment dismissing his case pursuant to Rule 12(b)(6), Ala.R.Civ.P.
The plaintiff, Carlton Whitely, alleged the following facts in his complaint: On February 1, 1995, Whitely, accompanied by his 12-year-old son, stopped at the Food Giant grocery store in Bessemer, Alabama. Whitley intended to use the pay telephone to call home to see if any groceries were needed. As Whitely approached the telephone, a woman cut in front of him and proceeded to lift the receiver. Whitely stepped back and waited for her to finish her call. After she hung up the…
Also in this document: Concurrence.
2Cases cited13 opinions
- Fontenot v. BramlettSupreme Court of Alabama · 1985
- Big B, Inc. v. CottinghamSupreme Court of Alabama · 1993
- Winn-Dixie Montgomery, Inc. v. HendersonSupreme Court of Alabama · 1979
- S.S. Kresge Co. v. RubySupreme Court of Alabama · 1977
- Childs v. MISSISSIPPI VAL. TITLE INS. CO.Supreme Court of Alabama · 1978
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Whitely v. Food Giant, Inc.Court of Civil Appeals of Alabama · 1998
- Meyer v. Wal-Mart Stores, Inc.Supreme Court of Alabama · 2001
- Ortega v. BrockDistrict Court, M.D. Alabama · 2007
- Whitely v. Food Giant, Inc.Court of Civil Appeals of Alabama · 1997