# Phillips v. Asplundh Tree Expert Co.

> Court of Civil Appeals of Alabama · July 20, 2007 · 34 So. 3d 1260

URL: https://www.frixlaw.com/law-library/cases/9784402

## Case

- **Full name:** Patricia PHILLIPS v. ASPLUNDH TREE EXPERT COMPANY
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** July 20, 2007
- **Citations:** 34 So. 3d 1260; 2007 Ala. Civ. App. LEXIS 482; 2007 WL 2069510
- **Precedential status:** Published
- **Opinion:** Concurrence by Bryan
- **Judges:** Moore, Thompson, Pittman, Bryan, Thomas
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9784402

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9784402. Public record. Not legal advice.