# Kane v. SOUTH CENTRAL BELL TEL. CO., INC.

> Supreme Court of Alabama · January 26, 1979 · 368 So. 2d 3

URL: https://www.frixlaw.com/law-library/cases/9937232

## Case

- **Full name:** Theresa Kane v. South Central Bell Telephone Company, Inc., a Corporation, and H.M. Dawson
- **Court:** Supreme Court of Alabama
- **Decided:** January 26, 1979
- **Citations:** 368 So. 2d 3
- **Precedential status:** Published
- **Opinion:** Addendum by Maddox
- **Judges:** Maddox
- **Cited by:** 12 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/9937232

## Opinion text

On original submission, appellant Kane stated the issues presented as follows:
"Whether the continuous and gradual absorption of paint fumes by the appellant, Theresa Kane, constitutes an accident for the purposes of Alabama Workmen's Compensation Act. Gentry v. Swann Chemical Co. , 234 Alabama 313, 174 So. 530 (1937). Ala. Code § 25-5-1 (8) (1975)."
Our original opinion addressed that sole issue. On application for rehearing, appellant contends that the grant of summary judgment erroneously foreclosed her claim that telephone company employees harassed her while at work and while she was hospitalized. Without deciding whether such a claim was available to her, or whether she presented a scintilla of evidence in opposition to the motion for summary judgment to make a triable issue of fact on the claim, we determine that she cannot now raise here for the first time this point which she failed to raise before submission. 2A Ala. Dig., Appeal and Error, No. 832 (4).
OPINION EXTENDED. APPLICATION FOR REHEARING OVERRULED.
TORBERT, C.J., and JONES, SHORES and BEATTY, JJ., concur. *Page 6

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9937232. Public record. Not legal advice.