Drury Hotels Company, LLC appealed to the Court seeking a directive for the Montgomery Circuit Court to dismiss claims by Maritza Diaz, its employee. Diaz alleged she suffered both physical and emotional injuries after an attack at Drury's workplace, pointing to Drury's negligence in ensuring workplace safety. Drury countered by asserting the exclusive remedy provision of the Alabama Workers' Compensation Act should apply, which would nullify Diaz's claims. The trial court had previously denied Drury's dismissal motion.
The heart of the dispute is whether the assault on Diaz was tied to her employment or a personal matter, with Drury arguing for the former. The appellate court pointed out Drury's insufficient argument and lack of supportive caselaw, especially in the context of the Rule 12(b)(6) motion's denial. This left Drury's position without a clear legal right to relief. As for the second dismissal motion, focusing on Diaz's tort-of-outrage claim, the trial court has yet to rule. Drury's attempt to persuade the appellate court to compel a ruling on this second motion through a writ of mandamus lacked proper legal basis, especially since it involved a motion to dismiss a claim rather than a venue issue. Consequently, the appellate court denied Drury's petition.
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Court Sides with Defendant in Workplace Injury Case, Granting Immunity Under Workers' Compensation Act
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Court Reverses Ruling on Defendant's Status as Employer's Agent in Plaintiff's Accident Case
Interpretation of "Employer" under the Workers' Compensation Act Challenges Defendant's Claim to Immunity
Defendant's Mandamus Petition Denied: Alleged Post-Accident Negligence Not Covered by Workers' Compensation Exclusivity Provisions
Court Upholds City of Muscle Shoals' Claim to Immunity Over Gattman Park Injury
Tenax Granted Immunity in Worker's Injury Lawsuit due to Alabama Workers' Compensation Act
Court Reverses Denial of Summary Judgment, Finds Uninstalled Safety Saw Does Not Equate to Removal of a Safety Guard
Rock Wool Asserts Worker's Injury Claims Barred by Workers' Compensation Act, Countering Casons' Suit under Employer's Liability Ac
Court Rules on Dismissal and Jury Trial Issues in Workplace Assault Case
TDY Employee's Injury Lawsuit Faces Jurisdiction Challenge on Appeal After Key Counts Dismissed by Trial Court.
Court Debates Enforceability of Unapproved Workers' Compensation Settlement After Employee's Death
Exposure to Hazardous Chemicals Limited to Workers' Compensation Remedies
Plaintiff Appealed a Summary Judgment in Favor of APCo on Claims of Negligence and Wantonness
Tort Claims Against Special Employer are Barred by Exclusive-Remedy Provision of the Act
No Evidence of Toxicity Exposure or Work-Related Disease
Procedural Dispute of Proper Court to review Exclusivity Provisions
Administrative Rule deemed Willful Conduct: Claim Allowed under Exclusive Remedy Provisions
Release of Claims Under Workers' Compensation Act does not include Claims Based on Willful Removal of Safety Devicee