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LIPSCOMB v. CITY OF GADSDEN

2990491.

794 So.2d 395 (2000)

Billy Ray LIPSCOMB v. CITY OF GADSDEN, a municipal corporation. City of Gadsden, a municipal corporation v. Billy Ray Lipscomb.

Court of Civil Appeals of Alabama.

Rehearing Denied October 13, 2000.

Certiorari Denied February 9, 2001.

Attorney(s) appearing for the Case

John S. Morgan and Douglas Burns of Burns, Burns, Burns & Morgan, Gadsden, for appellant/cross appellee Billy Ray Lipscomb.

Lynn McCain and William B. Ogletree of McCain, Ogletree, Sasser & Ozmint, P.C., Gadsden, for appellant/cross appellee City of Gadsden.

Alabama Supreme Court 1000182.

MONROE, Judge.

In August 1997, Billy Ray Lipscomb ("the employee") filed a complaint against the City of Gadsden ("the employer"), alleging that on or about January 2, 1997, he was injured in the line and scope of his employment. The employee, who was an employee of the Parks and Recreation Department of the City of Gadsden, contends that his on-the-job injury occurred while he was on some scaffolding helping remove a roll-up...

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