Daughtry and Guarino Obtain Summary Judgment

Bricker Daughtry and Michael Guarino of the Birmingham office of Carr Allison recently obtained summary judgment in the Circuit Court of Jefferson County, Alabama on behalf of a transportation employer.  The Plaintiff alleged tort and fraud claims arising from the investigation and denial of his workers compensation claim.  At the outset, Bricker and Michael secured a favorable ruling where the court dismissed Plaintiff’s claims for bad faith, tortious interference with a compensation claim, and outrage.  After extensive discovery, they argued the remaining fraud claims were due to be dismissed as the actions of the Plaintiff’s supervisor did not rise to the level of fraud. The trial court agreed and granted the employer’s summary judgment as to the Plaintiff’s remaining claims for willful conduct and fraudulent suppression.