McKiven v. C L Trucking Co., Inc.
McKiven v. C L Trucking Co., Inc.
Opinion of the Court
Oliver Dale McKiven commenced this action in the Circuit Court of Etowah County against Tanksley Trucking Company (Tanksley), G & F Trucking Company (G & F) and C & L Trucking Company, Inc. (C & L), defendants, for the benefits due under the workmen’s compensation law of the State of Alabama. McKiven alleged in his complaint that he was an employee of all the defendants on October 29, 1983, and that he was injured in a motor vehicle accident in the course and scope of his employment. McKiven further alleged that all of the defendants have refused to pay any workmen’s compensation benefits. All three defendants filed motions for summary judgment. Each trucking company alleged that it was not McKiven’s employer and was not responsible for the workmen’s compensation coverage. The trial court granted the motions of Tanksley and G & F and denied the motion of C & L. McKiven appeals from the summary judgment granted in favor of Tanksley and G & F.
The issue presented on appeal is whether the trial court erred when it granted summary, judgment in favor of Tanksley and G & F. McKiven claims that there exists a genuine issue of material fact as to who was responsible to supply workmen’s compensation insurance coverage to the employee.
A trial court may grant a motion for summary judgment only when no genuine issue of material fact exists and the moving party is entitled to a judgment as a matter of law. Fountain v. Phillips, 404 So.2d 614 (Ala. 1981). The burden is upon the moving party to show that the non-movant could not recover under any discernible circumstances. Whitehead v. Davison Oil Co., 352 So.2d 1339 (Ala. 1977). This burden is increased by the scintilla evidence rule. The scintilla rule requires that summary judgment not be granted if there is a scintilla of evidence supporting the position of the non-movant. Broadleaf, Inc. v. Pierce, 445 So.2d 308 (Ala.Civ.App. 1984).
There is no genuine issue of material fact that prohibits the entry of summary
For the above reasons we find there was not a scintilla of evidence giving rise to a genuine issue of material fact that either Tanksley or G & F were employers of McGiven at the time of his injury. Therefore, the judgment of the trial court is due to be affirmed.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.