CABANISS v. WILSON

84-1331.

501 So.2d 1177 (1986)

James D. CABANISS, et al. v. Ken WILSON, et al.

Supreme Court of Alabama.

December 19, 1986.


Attorney(s) appearing for the Case

Walter Henley of Henley & Shirley, Northport, for appellants.

Alyce Manley Spruell of Phelps, Owens, Jenkins, Gibson & Fowler, Tuscaloosa, for appellees.


BEATTY, Justice.

Plaintiffs, James and Martha Cabaniss, appeal from an order granting (1) defendants' oral motion for an involuntary dismissal of plaintiffs' complaint for failure to prosecute, and (2) defendants' motion for summary judgment. We reverse and remand.

Plaintiffs filed their complaint in Jefferson Circuit Court on April 5, 1984, alleging that on April 6, 1983, plaintiff James Cabaniss suffered a severe injury to his back while removing large chunks...

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