Charles J. Martin v. D. L. Tapley

The plaintiff, Charles J. Martin, filed an action seeking damages for his wrongful dismissal from employment by the defendants. His amended complaint contained claims for wrongful discharge, breach of contract, and malicious procurement of discharge. On January 10, 1978 the trial court issued an amended order granting the defendants' motion for summary judgment because the complaint did not state a claim upon which relief could be granted. The plaintiff has appealed from that order. The plaintiff bases his claim on the following alleged facts: On or about June 24, 1975, the plaintiff was working for the defendants as an employee at will, and he suffered an injury at that time which was covered by Alabama's workmen's compensation law. Title 25, Chapter 5, Code of Alabama 1975. The plaintiff filed a claim for compensation and consulted an attorney. In retaliation for these actions, the plaintiff alleges that he was wrongfully discharged from his employment by the defendants. The defendants (appellees) have stated in their brief that, although the plaintiff did not return to work after his injury, his medical bills were paid and he received workmen's compensation benefits during the period of his disability.