Wal-Mart Stores, Inc. v. Smitherman

Wal-Mart Stores, Inc. ("Wal-Mart"), is the defendant in an action pending in the Etowah Circuit Court. Wal-Mart moved for a summary judgment on the plaintiff Gail Smitherman's retaliatory-discharge claim. The circuit court denied the motion. We have granted Wal-Mart permission, pursuant to Rule 5, Ala.R.App.P., to appeal from the interlocutory order denying Wal-Mart's motion for a summary judgment.

Wal-Mart argues that the trial court erred in denying its motion for a summary judgment because, it asserts, Smitherman's retaliatory-discharge claim is barred by the doctrine of collateral…