HOLMES v. SANDERS

No. 1970637.

729 So.2d 314 (1999)

Dorothy HOLMES v. Terrill SANDERS, administrator of the estate of Major Holmes, deceased.

Supreme Court of Alabama.

January 15, 1999.


Attorney(s) appearing for the Case

Frank M. Wilson and DeLacie C. Hester of Beasley, Wilson, Allen, Crow & Methvin, P.C., Montgomery, for appellant.

Rhonda Pitts Chambers and Ahrian D. Tyler of Rives & Peterson, P.C., Birmingham; and Mary R. Amos of Amos & Associates, Birmingham, for appellee.


MADDOX, Justice.

This case involves the distribution of settlement proceeds in a civil action filed under the Federal Employer's Liability Act (FELA), where the plaintiff died without having signed the settlement agreement.

Major Holmes was employed by Burlington Northern Railroad. In 1996, he sued Burlington Northern under the FELA, claiming personal injuries arising from alleged exposure to asbestos. On August 2, 1996, Holmes and his attorney orally agreed...

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