Legal Opinion

Strickland v. National Gypsum Co.

Court of Civil Appeals of Alabama

Decided June 8, 1977No. Civ. 899PublishedCited by 13 opinions

1Opinion of the Court

This is a workmen's compensation case.

The appellant, employee's widow, appeals from the trial court's action in granting the appellee-employer's Rule 41 (b), ARCP, motion.

The issue is whether the trial court erred in granting the Rule 41 (b) motion. Put another way, did the trial court err in finding a lack of causal connection between the coronary occlusion (heart attack) suffered by the employee and his employment. We find no error and affirm.

At the outset, we note that Rule 41 (b), ARCP, provides in pertinent part as follows:

"After the plaintiff, in an action tried by the court without a…

2Cases cited4 opinions

  1. City of Tuscaloosa v. HowardCourt of Civil Appeals of Alabama · 1975
  2. Pow v. Southern Const. Co.Supreme Court of Alabama · 1938
  3. 6 Fair empl.prac.cas. 22, 6 Empl. Prac. Dec. P 8685 Samuel L. Woods v. North American Rockwell Corporation, a Corporation, and Local 952, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (Uaw)Court of Appeals for the Tenth Circuit · 1973
  4. A. C. Lang and Curtis Lang v. Marshall Cone and Tom MagnessCourt of Appeals for the Eighth Circuit · 1976

3Cited by13 opinions

  1. Allen v. Industrial CommissionUtah Supreme Court · 1986
  2. Riddlesprigger v. ErvinSupreme Court of Alabama · 1987
  3. Bryant v. Masters MacHine Co.Supreme Judicial Court of Maine · 1982
  4. Atkins v. ShirleySupreme Court of Alabama · 1990
  5. State v. HortonSupreme Court of Alabama · 1979

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