PATRICK v. MILLER

Civ. 3874.

440 So.2d 1096 (1983)

Elmer PATRICK v. Elvin MILLER, individually and d/b/a Miller's Nursery, et al.

Court of Civil Appeals of Alabama.

October 19, 1983.


Attorney(s) appearing for the Case

Theodore L. Hall, Mobile, for appellant.

Ronald P. Slepian and Joseph P. Jones, Jr. of McDermott, Slepian, Windom & Reed, Mobile, for appellees.


HOLMES, Judge.

This is a workmen's compensation case.

The employee appeals from a judgment granting employer's motion for summary judgment, A.R.Civ.P. 56.

The issue on appeal is whether there was a genuine issue of a material fact thereby prohibiting summary judgment. We find that there was a genuine issue of material fact and the learned trial judge erred in granting summary judgment.

At the outset, we note the employer, through able counsel...

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