Legal Opinion · Concurrence

D & E Investments, L.L.C. v. Singleton

Court of Civil Appeals of Alabama

Decided August 24, 2007No. 2051014Published

1ConcurrenceMoore, Judge

I concur in the main opinion’s decision to reverse the trial court’s judgment and remand the case because of the failure of the employee to properly notify the employer of his injury. I write specially to address the parties’ dispute regarding the wording, type, and sufficiency of the notice the employee provided in this case.

*512At trial, the parties disputed the exact wording the employee used to notify the employer of his back injury. On direct examination, the employee testified that during a telephone conversation with his supervisor on the Monday morning following his injury, the employee…

2Cases cited18 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. Edwards v. Jesse Stutts, Inc.Court of Civil Appeals of Alabama · 1995
  4. Grimes v. Stith Coal Co.Supreme Court of Alabama · 1925
  5. Russell Coal Co. v. WilliamsCourt of Civil Appeals of Alabama · 1989

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