Legal Opinion · Dissent

Rothenberger v. Cast Products, Inc.

Court of Civil Appeals of Alabama

Decided December 19, 1997No. 2961148Published

1Dissent

I would affirm the trial court's summary judgment on Rothenberger's retaliatory discharge claim. In its order, the trial court did not elaborate on the reason it entered the summary judgment in favor of Cast Products. "The law is clear that a judgment must be affirmed if it is proper on any basis."State ex rel. Ohio v. E.B.M., 718 So.2d 667, ___ (Ala.Civ.App. 1997) (quoting Upchurch v. Universal Underwriters Ins. Co., 610 So.2d 1163, 1167 (Ala.Civ.App. 1992)). I do not believe Rothenberger made out a prima facie case of retaliatory discharge; thus, I would affirm the summary judgment on that…

2Cases cited5 opinions

  1. Twilley v. Daubert Coated Products, Inc.Supreme Court of Alabama · 1988
  2. Culbreth v. Woodham Plumbing Co., Inc.Supreme Court of Alabama · 1992
  3. Hayden v. Bruno's, Inc.Supreme Court of Alabama · 1991
  4. Upchurch v. UNIVERSAL UNDERWRITERS INS.Court of Civil Appeals of Alabama · 1992
  5. State Ex Rel. State v. E.B.M.Court of Civil Appeals of Alabama · 1997

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API