Ace American Insurance Company

Supreme Court of Alabama

Baldwin County | 280 So.3d 402 | Dec. 21, 2018


Court Reverses Dismissal of Intervenor's Claim in Workplace Injury Case

In 2016, Westbrook filed a lawsuit against Rouses Markets for injuries he allegedly sustained due to the negligence of a Rouses Markets' employee while Westbrook was delivering goods. Ace, having paid Westbrook $55,679.19 as workers' compensation, intervened in the suit seeking reimbursement if Westbrook secured any recovery from Rouses Markets. In 2017, Westbrook's counsel withdrew, and Westbrook didn't appoint a new one. In March 2018, Rouses Markets moved for dismissal due to Westbrook's lack of prosecution. Despite Westbrook's non-response, Ace filed a motion opposing the dismissal, indicating their vested interest and payments of approximately $150,736.09 to Westbrook. The trial court, however, granted Rouses Markets' dismissal request.

On appeal, the main point of contention revolved around whether Ace, as an intervenor, should be dismissed due to Westbrook's inaction. The court determined that while Westbrook may have shown a "clear record of delay", Ace remained active in protecting its interests. Once Westbrook became inactive in the case, Ace responded to the dismissal motion and sought to proceed independently. Thus, the court ruled that Ace's claim should not be dismissed for want of prosecution, reversing the trial court's decision and remanding for further proceedings.

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