Supreme Court of Alabama, 2003

Balentine v. Reynolds Metals Company and Alcoa

Balentine v. Reynolds Metals Company and Alcoa
Supreme Court of Alabama · Decided August 29, 2003 · Johnstone, Houston, Lyons, Brown, Harwood, Woodall, Stuart
875 So. 2d 291; 2003 Ala. LEXIS 242; 2003 WL 22026383 (Southern Reporter, Second Series)

Balentine v. Reynolds Metals Company and Alcoa

Opinion of the Court

JOHNSTONE, Justice.

The trial court entered summary judgment in favor of the appellees Reynolds Metals Company and Alcoa, Inc., solely on the basis of the opinion by the Court of Civil Appeals in Weaver v. Kimberly-Clark Corp., 871 So.2d 814 (Ala.Civ.App. 2001). We reversed that decision in Ex parte Weaver, 871 So.2d 820 (Ala. 2003). Relying on Weaver (not Ex parte Weaver), the appellees now before us admit, and indeed insist, at pages ii and 42-51 of their brief, that β€œthe material facts of the decision in Weaver are indistinguishable from the facts of the present case.” We there*292fore reverse the summary judgment in favor of Reynolds Metals and Alcoa and remand the cause for further proceedings. t

REVERSED AND REMANDED.

HOUSTON, LYONS, BROWN, HARWOOD, WOODALL, and STUART, JJ., concur.

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