Legal Opinion
Smith v. Tyson Foods, Inc.
Court of Civil Appeals of Alabama
Decided August 1, 2003No. 2000605PublishedCited by 4 opinions
1Opinion of the Court
On Application for Rehearing
This court's opinion of May 24, 2002, is withdrawn and the following is substituted therefor.
Rachelle Smith sued Tyson Foods, Inc., on November 3, 1999, seeking to recover benefits under the Workers' Compensation Act, § 25-5-1 et seq., Ala. Code 1975, for three separate work-related injuries. Tyson Foods answered, asserting the statute of limitations as an affirmative defense. Discovery proceeded, and on April 26, 2000, Tyson Foods amended its answer, claiming that it should be permitted a setoff against any recovery based upon Smith's allegedly having refused…
2Cases cited14 opinions
- Kirtland v. Fort Morgan Auth. Sewer Serv., Inc.Supreme Court of Alabama · 1988
- Selby v. MoneySupreme Court of Alabama · 1981
- Key v. Robert M. Duke Ins. AgencySupreme Court of Alabama · 1976
- Atkins v. ShirleySupreme Court of Alabama · 1990
- Sampson v. CanslerSupreme Court of Alabama · 1998
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3Cited by4 opinions
- Green v. City of MontgomeryCourt of Civil Appeals of Alabama · 2009
- Nue Cheer Franklin v. Justin Matthew ParnellCourt of Appeals for the Eleventh Circuit · 2011
- Cornelius v. BrowningSupreme Court of Alabama · 2011
- Green v. City of MontgomeryCourt of Civil Appeals of Alabama · 2009