# Brown v. Wal-Mart Stores, Inc.

> Court of Civil Appeals of Alabama · November 1, 2002 · 864 So. 2d 1100

URL: https://www.frixlaw.com/law-library/cases/9935166

## Case

- **Full name:** Vivian Lucille Brown v. Wal-Mart Stores, Inc.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** November 1, 2002
- **Citations:** 864 So. 2d 1100; 2002 Ala. Civ. App. LEXIS 794; 2002 WL 31439337
- **Precedential status:** Published
- **Opinion:** Concurrence by Pittman
- **Judges:** Murdock, Pittman
- **Cited by:** 14 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/9935166

## How later opinions describe it (automated extraction)

- holding that appellant waives issue by failing to first raise it before the trial court

## Opinion text

In Ex parte Southeast Alabama Medical Center , 835 So.2d 1042
(Ala.Civ.App. 2002), this court held that an employee need not exhaust an employer-adopted utilization-review procedure before filing a complaint in the circuit court. Judge Thompson's well-reasoned dissent in that case concluded that the utilization-review procedures authorized by § 25-5-293 are an administrative prerequisite to obtaining a determination of the dispute in the trial court pursuant to § 25-5-77 (a) in those cases in which an employer has implemented such utilization-review procedures. Thus, based on my concurrence with Judge Thompson's dissent in Ex parte Southeast Alabama Medical Center , I would affirm the trial court's judgment in this case as well. Therefore, I concur only in the result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9935166. Public record. Not legal advice.