(Download) "Sherrell Bechtel v. Crown Central" by Supreme Court of Alabama # eBook PDF Kindle ePub Free
eBook details
- Title: Sherrell Bechtel v. Crown Central
- Author : Supreme Court of Alabama
- Release Date : January 19, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
HOUSTON, JUSTICE. This is the second appeal from a personal injury action brought by Sherrell Bechtel against Crown Central Petroleum Corporation. In the first proceeding in the trial court Crown filed a motion for summary judgment on the grounds that Crown was immune from suit under the workmen's compensation exclusivity provisions. After considering affidavits, deposition testimony, and documentary evidence, the trial court entered a summary judgment in favor of Crown. Bechtel appealed to this Court, which reversed the summary judgment on grounds that Crown had failed to affirmatively plead in its answer the statutory immunity defense raised in the motion for summary judgment. See Bechtel v. Crown Central Petroleum Corp., 451 So. 2d 793 (Ala. 1984.) Crown amended its answer to add the statutory immunity defense and filed another motion for summary judgment, relying on all pleadings, all matters theretofore submitted in support of its previous motion for summary judgment, the depositions of Jerry Pedota and Steve Thornton and certain exhibits. Bechtel filed a motion to strike Crown's affirmative defense of statutory immunity. The trial court overruled Bechtel's motion to strike and entered summary judgment in favor of Crown. Bechtel appealed again. We affirm.