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KENNEDY v. WESTERN SIZZLIN CORP.

1010804, 1010805 and 1011210.

857 So.2d 71 (2003)

Ronda K. KENNEDY v. The WESTERN SIZZLIN CORPORATION. Lisa M. Pate v. The Western Sizzlin Corporation. Eloise E. Webb et al. v. The Western Sizzlin Corporation.

Supreme Court of Alabama.

March 7, 2003.

Attorney(s) appearing for the Case

Desmond V. Tobias of Windom & Tobias, L.L.C., Mobile, for appellants Ronda K. Kennedy and Lisa M. Pate.

John D. Saxon and Symantha Christeen Thomas of John D. Saxon, P.C., Birmingham; and Tammy C. Woolley of Gorham & Waldrep, P.C., Birmingham, for appellants Eloise Webb, Rebecca R. Frye, Hope Daniels Cassidy, Emma Diane Foley, Wyonia Lipscomb, and Jeannette T. Lassiter.

Kenneth A. Hitson, Jr., of Nix, Holtsford, Gilliland, Higgins & Hitson, P.C., Daphne; and Mickey Womble, Monroeville, for appellee.

SEE, Justice.

Ronda Kennedy, Lisa Pate, Eloise Webb, Rebecca Frye, Hope Daniels Cassidy, Emma Diane Foley, Wyonia Lipscomb, and Jeanette Lassiter appeal from summary judgments entered in favor of The Western Sizzlin Corporation ("WSC") on several claims alleging vicarious tort liability and negligence. This appeal presents two issues: (1) whether an agency relationship existed between WSC and its franchisee; and (2) whether WSC, in moving for a summary judgment, properly...

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