Lewis v. L.S.E

Full title: Karla LEWIS, in her individual capacity and in her capacity as…

Court: Court of Civil Appeals of Alabama

Date published: Feb 14, 2003

867 So. 2d 347 (Ala. Civ. App. 2003)

Opinion

No. 2010692.

Decided February 14, 2003. Certiorari Denied June 13, 2003. Alabama Supreme Court 1020859.

Appeal from Tuscaloosa Circuit Court (No. CV-99-216); Thomas S. Wilson, Judge.

Gene T. Moore, Tuscaloosa, for appellants.

Hope Curtis of Webb Eley, P.C., Montgomery, for appellee.

MURDOCK, Judge.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala.R.App.P.; Ex parte State Dep't of Indus. Relations, [Ms. 1000260, May 3, 2002] 848 So.2d 251 (Ala. 2002); Andrews v. Merritt Oil Co., 612 So.2d 409 (Ala. 1992); Drummond Company, Inc. v. Boatman, 825 So.2d 823 (Ala.Civ.App. 2001); and Jack's Restaurant v. Turnbow, 674 So.2d 573 (Ala.Civ.App. 1995).

Crawley, Thompson, and Pittman, JJ., concur.

Yates, P.J., concurs specially.

YATES, Presiding Judge, concurring specially.

I recognize that the law regarding the rights of surviving spouses and children to workers' compensation benefits as set forth in Drummond Co. v. Boatman, 825 So.2d 823 (Ala.Civ.App. 2001), and followed by our supreme court in Ex parte State Department of Industrial Relations, 848 So.2d 251 (Ala. 2002), is the current law of this state, which I am bound to follow. However, I still believe that this court erred in Drummond Co. when it overruled Chatham Steel Corp. v. Shadinger, 768 So.2d 969 (Ala.Civ.App. 1999); see my dissent in Drummond Co.