Glass v. Birmingham Southern RR Co.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Gary E. Glass appeals from a summary judgment in favor of Birmingham Southern Railroad Company ("BSRC"). We reverse and remand.

Viewing the facts in the light most favorable to the nonmovant, Glass, as we must in compliance with our standard of review of summary judgments, Hanners v. Balfour Guthrie, Inc.,564 So.2d 412, 413 (Ala. 1990), we find the following facts to be pertinent.

In January 1997, Glass was employed by BSRC as a "carman" whose primary functions…