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EX PARTE FORT JAMES OPERATING CO.

1030607.

895 So.2d 294 (2004)

Ex parte FORT JAMES OPERATING COMPANY. (In re Fort James Operating Company v. William F. Irby).

Supreme Court of Alabama.

June 4, 2004.

Attorney(s) appearing for the Case

Terry A. Moore of Vickers, Riis, Murray & Curran, L.L.C., Mobile, for petitioner.

William L. Utsey and Tara B. Armistead of Utsey & Utsey, Butler, for respondent.

Richard W. Franklin and P. Vincent Gaddy of Armbrecht Jackson, LLP, Mobile, for amicus curiae Alabama Insurance Guaranty Association, in support of the petitioner.

HOUSTON, Justice.

William Irby was employed by Fort James Operating Company ("Fort James") for 32 years. In July 1997, while practicing with the Fort James fire-prevention department on a riverbank, Irby stepped onto a rock, the rock moved, and he fell and seriously injured his ankle. He underwent numerous surgeries to repair the damage. His doctors allowed him to return to work, but under certain restrictions limiting his activities.

When Irby was physically...

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