Legal Opinion · Dissent

Kovalchick v. South Baldwin Hospital

Court of Civil Appeals of Alabama

Decided May 16, 1997No. 2950887Published

1DissentThompson, Judge

I believe the trial court properly entered the summary judgment in favor of South Baldwin Hospital. Summary judgment is appropriate when the movant has shown that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law. Berner v. Caldwell, 543 So.2d 686, 688 (Ala.1989); Woodham v. Nationwide Life Ins. Co., 349 So.2d 1110, 1111 (Ala.1977).

The majority finds that Kovalchick presented sufficient evidence to create a genuine issue of fact as to whether her job was so stressful as to cause her heart attack. Kovalchick was required to…

2Cases cited11 opinions

  1. West v. Founders Life Assur. Co. of FloridaSupreme Court of Alabama · 1989
  2. Ex Parte Trinity Industries, Inc.Supreme Court of Alabama · 1996
  3. Berner v. CaldwellSupreme Court of Alabama · 1989
  4. City of Tuscaloosa v. HowardCourt of Civil Appeals of Alabama · 1975
  5. Ex Parte PriceSupreme Court of Alabama · 1989

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