C. Dwayne Stokes, the employee, initially filed a complaint in March 2011 seeking benefits under the Alabama Workers' Compensation Act against Frisco Forest Products, his former employer. The Act mandates such claims be judged by a trial judge without a jury. Later, Stokes updated his complaint to include negligence and wantonness claims against several third parties, alleging they caused his workplace injury. Before the trial, some of these defendants sought summary judgment, which was partially granted.
During the trial, the jury found in favor of Stokes and against one defendant, Fulghum Fibres, with damages set at $65,000. No judgment was directly entered post-verdict. Stokes then sought a new trial, particularly focusing on the negligence claims. The court granted this request based on inadequate damages. Subsequently, Gross and Fulghum requested a review, resulting in a September 17, 2013, judgment ordering $65,000 for Stokes from Fulghum and favoring Gross. On October 17, 2013, Stokes again sought a new trial against both Gross and Fulghum. Due to Alabama's Civil Procedure Rule 59.1, which stipulates a 90-day limit on postjudgment motions without the consent of all parties, Stokes's motion was denied by default. Appeals were filed, but due to timing issues under Rule 4(a)(1) of the Alabama Rules of Appellate Procedure, they were deemed untimely, and therefore, the court couldn't consider them.
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