Pilgrim's Pride v. Smith

Court of Civil Appeals of Alabama

Marshall County | 329 So. 3d 1272 | Dec. 31, 2020


Defendant's Appeal on Worker's Compensation and Plaintiff's Tort-of-Outrage Appeals Dismissed Due to Jurisdictional Issues

In a series of intertwined appeals, Pilgrim's Pride, the employer, contested a judgment from the Marshall Circuit Court in favor of David Lee Smith, the employee, regarding a workers' compensation claim. Smith, in turn, cross-appealed from a summary judgment favoring Pilgrim's Pride on a tort-of-outrage claim. Due to an earlier appeal by the employer still being under consideration when the tort-of-outrage judgment was given, the court lacked the jurisdiction to enter it, rendering the judgment void.

As a result, the current appeal relating to the tort-of-outrage judgment was dismissed with instructions to vacate that judgment. Moreover, as this judgment was found void, the workers' compensation judgment became non-final, leading to the dismissal of the appeal concerning it. This series of legal actions began when Smith, working as a maintenance mechanic, claimed he was injured at work in 2013, with Pilgrim's Pride allegedly failing to provide timely medical assistance, resulting in exacerbated health issues for Smith.

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