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Flint Construction Co. v. Hall12/30/2004
"SECTION III - REASONING
"You were let go by your employer because there was no work to do. You are unemployed due to a lack of work. You can be paid unemployment benefits.
"....
"SECTION V - APPEAL RIGHTS
"This determination will become final unless you file an appeal on or before 06/30/97. If you wish to appeal, submit a written request to the above address. ...
"....
"The determination on the reverse side was based on information provided as of the date of the predetermination fact-finding interview. If you disagree with the determination and wish to appeal, you may do so by stating the reason below. ..."
(Emphasis added.) Flint did not appeal.
Hall sued Flint in April 1999, seeking workers' compensation benefits for his back injury and asserting claims alleging retaliatory discharge and intentional infliction of emotional distress (tort of outrage). Hall later amended his complaint to add fraud claims. In July 1999, Flint filed a motion to dismiss, arguing that the trial court lacked jurisdiction over the action because, it argued, Georgia's workers' compensation law applied to Hall's claims. The trial court denied that motion. Flint then filed a petition for a writ of mandamus with this Court. We denied the petition. Ex parte Flint Constr. Co., 775 So. 2d 805 (Ala. 2000). Flint then moved for a summary judgment on all claims. The trial court entered a judgment in favor of Flint on Hall's tort-of-outrage claim, but denied Flint's motion as to Hall's other claims.
Meanwhile, the trial court severed Hall's workers' compensation claim from the other claims in the case. On June 17, 2002, Flint and Hall settled his workers' compensation claim concerning the 1997 back injury in the Pickens Circuit Court. The settlement petition filed with the court contained the statement: "[The parties] agree and represent to the Court ... hat they are subject to the provisions of the Workers' Compensation Act of Alabama, as amended." Hall signed the petition above the typewritten words "PLAINTIFF/EMPLOYEE, Robert Lee Hall, Jr." Sarah C. Pflaum signed the petition above the typewritten words "DEFENDANT/EMPLOYER FLINT CONSTRUCTION COMPANY By Its Attorney, SARAH CARLISLE PFLAUM." The trial court approved the settlement and entered a final order in accordance with its terms.
The case proceeded to trial on Hall's retaliatory-discharge and fraud claims. At trial, Good, Fuller, and the Eaves brothers all testified that Hall's poor attendance record was a problem for Flint. Good, Fuller, and James Eaves testified consistently with their pretrial depositions that Hall's absences were a significant factor in their decision to discharge him. At trial, however, they also said that they had learned that Hall spent time gambling in casinos when he should have been working, and that his gambling on company time was also a factor in their decision to discharge him. Flint introduced records from a casino located in Philadelphia, Mississippi, that showed dates of usage of a card issued by the casino to Hall; those dates were dates Hall should have been on the job . However, Hall's wife testified that she went to the casino from time to time without her husband, that she used his card most of the time, and that one of their daughters "constantly" used his card.
Flint also called as a witness JoAnne Jacob, a former clerical employee at Flint, who testified that she had seen Hall and had spoken to him at the casino in Philadelphia on May 17, 1997 (a Saturday). She did not recall what time they had spoken to one another. Jacob said that she happened to mention to Grams in casual conversation that she had se
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