Simmons v. DuBose Construction Company, L.L.C.
Annotate this CaseDuBose Construction Company, L.L.C., petitioned the Supreme Court for a writ of mandamus to direct the Court of Civil Appeals to vacate its order reversing a Montgomery Circuit Court ruling in the case. On February 14, 2005, James Simmons, an employee of DuBose Construction, sustained a medial meniscus tear in his right knee when he slipped and fell in a hole while working at a construction site. Simmons ultimately sued DuBose Construction in the Montgomery Circuit Court seeking workers' compensation benefits for his knee injury. The trial court entered a judgment in 2007, finding that Simmons had suffered a permanent partial disability to the body as a whole and a 15% permanent partial loss of his ability to earn and awarding benefits accordingly. However, the trial court dismissed Simmons' case, and he appealed. The Court of Appeals reversed the trial court. DuBose Construction subsequently appealed that judgment to the Court of Civil Appeals, arguing that the trial court had erred in awarding Simmons benefits. Upon review, the Supreme Court found DuBose Construction failed to establish that it had a clear legal right to the writ because the trial court's order dismissing Simmons's case was void as being outside the scope of the Court of Civil Appeals' remand order, and Simmons was accordingly entitled to a writ directing the trial court to enter a proper judgment in the case.
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