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[W] Webb Wheel Products

12/30/2004

economic matter, is a fiction.


For these reasons, I would reverse the trial court's order denying Webb Wheel's motion for a judgment as a matter of law. Therefore, I dissent.


STUART, Justice (dissenting).


I concur in Chief Justice Nabers's dissent. I also agree with Justice See that Hanvey has failed to present substantial evidence indicating that he was fired or terminated, much less evidence indicating that he was terminated "solely because ha instituted or maintained action against [Webb Wheel] to recover workers' compensation benefits." See Ala. Code 1975, ยง 25-5-11.1.


Because I believe that Webb Wheel is entitled to a judgment as a matter of law, I express no opinion concerning the award of damages.






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