Personal Injury Lawyers Directory Personal Injury Lawyers Directory Personal Injury Lawyers Directory Success Stories of Personal Injury Lawyers Directory US Personal Injury Lawyers Directory Canada Personal Injury Lawyers Directory Personal Injury Lawyers Resource Directory
Search Lawyers by Zip Code
facebook.com/injury.usa

  to fill out a simple form to connect to Personal Injury Lawyers in your area.

Flint Construction Co. v. Hall

12/30/2004

Robert Lee Hall, Jr., sued Flint Construction Company alleging, among other claims, that Flint had discharged him in retaliation for his filing a claim for workers' compensation benefits. After a trial on the retaliatory-discharge claim, the jury returned a verdict in favor of Hall, awarding him $400,000 in compensatory damages and $200,000 in punitive damages. The trial court entered a judgment on the jury's verdict. Flint then filed a postjudgment motion for a judgment as a matter of law ("JML") or for a new trial, which was denied by operation of law pursuant to Rule 59.1, Ala. R. Civ. P. Flint appeals; we affirm.


I. Factual Background and Procedural History


Flint, a Georgia corporation, is a construction company that installs pipeline systems for the natural-gas industry. Flint's business office is located in Lawrenceville, Georgia. The company does the majority of its work in Georgia, but it also does work on pipeline projects in other states. At all times pertinent to this appeal, Bob Good was the president of Flint, Terry Fuller was the vice president, James "Dooley" Eaves was the general superintendent, and Nelson Grams was the safety director and had the responsibility of dealing with workers' compensation claims.


Flint initially hired Hall in 1980 as a laborer at an hourly wage. From 1980 through 1986, Hall worked intermittently for Flint on various projects. In 1986, Flint offered Hall a permanent, full-time position as a foreman installing plastic pipe on large construction projects. As a foreman, Hall had supervisory authority over other employees and was paid a salary rather than an hourly wage. In weeks when Flint's employees were unable to work a full week on a project, salaried employees were guaranteed their pay for 50 hours of work even if they did not actually work that number of hours. Alternatively, when a project demanded that Flint's employees work overtime, salaried employees were paid for only 50 hours, even if they worked more. Because most of Flint's construction projects required Hall, an Alabama resident, to be away from home for extended periods, Flint also paid Hall a "living allowance" when he was working on projects too far away from home for him to return home at night.


On December 13, 1990, Hall injured his left knee on the job. He later reinjured the same knee. Flint paid Hall's medical expenses in connection with those injuries and paid temporary disability benefits for the days on which he missed work. On December 14, 1993, Flint and Hall settled his workers' compensation claim concerning the 1990 knee injury in the Pickens Circuit Court. The settlement petition filed with the court contained the statement: "[The parties] agree and represent unto the Court ... hat they are subject to the provisions of the [Workers'] Compensation Statute of Alabama, as amended." The petition was signed by Hall and by Anthony N. Fox as "Attorney for Flint Construction." The trial court approved the settlement and entered a final order in accordance with its terms. On May 16, 1996, Flint and Hall settled his workers' compensation claim concerning the reinjury to his knee, again in the Pickens Circuit Court. The second settlement petition filed with the court also contained the statement: "[The parties] agree and represent unto the Court ... hat they are subject to the provisions of the [Workers'] Compensation Statute of Alabama, as amended." The petition was signed by Hall and by Fox as "Attorney for Flint Construction." The trial court approved the settlement and entered a final order in accordance with its terms. Hall stated that on one occasion when he was in Flint's main office, Grams showed him "some paperwork" concerning his injuries and inf

Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 

Alabama Personal Injury Attorneys    Personal Injury Lawyers


  to fill out a simple form to connect to Personal Injury Lawyers in your area.

Personal Injury Lawyers Brain Injuries Spinal Cord Injuries
Quadriplegia and Paraplegia Back Injuries Ruptured & Herniated Disks
Bulging Disk Neck Injuries Dog Bites
Toxic Mold Product Liability Fire Accidents
Trucking Accidents Boating Accidents Car Accidents
Plane Crashes Medical Malpractice Motorcycle Accidents
Wrongful Death Personal Injury Lawsuits Testimonial
FDP  |   RSS Feeds  |  Articles  |  Jobs  |  Leads  |  Partner Websites
DUI Defense  |  SiteMap  | PI Blog  | Trading Partners | Attorney Registration  | PI Case Laws  | FAQ | Personal Injury Forum
 | Personal Injury Lawyers Directory  | Success Stories  | Press Releases
Copyright © 2005. “National Association of Personal Injury Lawyers (NAPIL)”. All rights reserved.
By using the system, you agree to TERMS OF SERVICE