Shaw v. Dover Furniture Mfg. Co.

On Application for Rehearing

This court's opinion of February 21, 1997, is withdrawn, and the following opinion is substituted therefor.

Donna Kay Shaw appeals from the denial of her motion for relief from judgment, filed pursuant to Rule 60(b), Ala.R.Civ.P. We reverse.

On September 21, 1994, Shaw suffered a neck injury during the course of her employment with Dover Furniture Manufacturing Company ("Dover"). A medical examination revealed that Shaw ruptured two cervical disks. On October 14, 1994, she had surgery to fuse the disks. During a post-operative visit to her doctor on November 10,…