Legal Opinion · Concurring in part, dissenting in part
Hospice Family Care v. Allen
Supreme Court of Alabama
Decided September 2, 2016No. 1150995Published
1Concurring in part, dissenting in partMurdock, Justice
As set out in more detail in the opinion of the Court of Civil Appeals, Hospice Family Care v. Allen, 218 So.3d 1222 (Ala.Civ.App.2016), one of the issues in this case is the applicability of the Alabama Workers’ Compensation Act, § 25-5-1 et seq., Ala.Code 1975 (“the Act”), to a wrongful-death claim arising out of the death of Suzanne Sharp Allen as a result of an automobile accident. I would grant the writ because I believe there is a probability of merit in the argument of Allen’s employer, Hospice Family Care, that, under the “going and coming” rule, there was no legal causation.1
Allen’s…
2Cases cited3 opinions
- Tucker v. Die-Matic Tool Co., Inc.Court of Civil Appeals of Alabama · 1994
- McDaniel v. Helmerich & Payne International Drilling Co.Court of Civil Appeals of Alabama · 2010
- Hospice Family Care v. AllenCourt of Civil Appeals of Alabama · 2016