Opinion

Phillips v. Asplundh Tree Expert Co.

  • 34 So. 3d 1260
  • 2007 Ala. Civ. App. LEXIS 482
  • 2007 WL 2069510
Court
Court of Civil Appeals of Alabama
Filed
Jul 20, 2007
Status
Published
Author
Bryan
On the bench
Moore, Thompson, Pittman, Bryan, Thomas
Cited by
5 cases

refusing to consider argument asserted by dependent of deceased worker that trial court applied incorrect evidentiary standard in ruling on employer's summary-judgment motion because dependent failed to raise issue before trial court

How later courts described this case

  • refusing to consider argument asserted by dependent of deceased worker that trial court applied incorrect evidentiary standard in ruling on employer's summary-judgment motion because dependent failed to raise issue before trial court

Written by the judges who cited it.

The opinion

BRYAN, Judge,

concurring in the result.

I agree with the main opinion that a review of Dr. Smith’s testimony does not establish the necessary evidence to demonstrate that the employee’s job activities contributed to his death. Rather, as the main opinion states, “the dependent offered nothing more than evidence of mere possibilities that would only serve to ‘guess’ the employer into liability.” 34 So.3d at 1269.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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