Ex Parte Drury Hotels Company, LLC

Supreme Court of Alabama

Montgomery County | 303 So. 3d 1188 | Feb. 28, 2020


Defendant's Petition for Dismissal of Plaintiff's Claims Denied by Court

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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