Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Brooks v. Austal USA, LLC

Alabama Court of Civil Appeals

December 6, 2019

James Brooks
v.
Austal USA, LLC

          Appeal from Mobile Circuit Court (CV-18-900446)

          HANSON, JUDGE.

         James Brooks appeals from a judgment of the Mobile Circuit Court disposing of his claims against Austal USA, LLC ("Austal"), by determining that they were barred by the applicable statute of limitations. We reverse and remand.

         Facts and Procedural History

         On February 23, 2016, Brooks allegedly suffered a workplace injury while employed by Austal. On February 16, 2018, Brooks filed a complaint for workers' compensation benefits against Austal in the Mobile Circuit Court. There is no dispute that the complaint was filed within the two-year statute of limitations applicable to claims for workers' compensation benefits. See generally Ala. Code 1975, § 25-5- 80. Brooks's complaint included instructions for the circuit clerk to serve a summons and a copy of the complaint on Austal by certified mail at the following address:

"Austal USA, LLC
c/o CSC Lawyers Incorporating SVC. Inc.
150 S. Perry St.
Montgomery, AL 36104"

         The summons was issued by the clerk via certified mail on February 21, 2018. On March 1, 2018, the clerk made a docket entry noting that the summons had been returned with the notation "not found."

         On October 9, 2018, Brooks supplied the clerk with an alias summons for service by certified mail at the following address:

"Austal USA, L.L.C.
c/o Corporation Service Co.
641 S. Lawrence St.
Montgomery, AL 36104" ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.