Oral arg. – COA – August 19, 2015

at 10:30 the Court will hear Shane Anderson v. James Ladner

Shane Anderson filed an alienation of affection lawsuit against James Ladner.  The question here is when does three-year statute of limitations  begin to run.  The trial court found that a claim for alienation of affection accrues “when the spouse ‘abandons the marital relationship’” and here the marital relationship was abandoned by May 27, 2010, when the parties filed their Joint Complaint for Divorce. This date is the latest on which the action could have accrued.  Anderson argued that he had had sex with his soon-to-be-ex wife after the divorce was filed and, thus, the claim did not accrue until later.

Anderson’s brief

Ladner’s brief

Anderson’s rebuttal 

Watch the argument here

At 1:30 the Court will hear the workers comp. case of Barry Mabus v. Mueller Industries

Barry Mabus injured his lower back while working at  Mueller Industries on December 1, 2004.  He had disc herniation  surgery on his back on  May 4, 2005, and was released to return to work  on August 11, 2005 with a permanent impairment rating  of eight-percent  to the body as a whole, a 70 pound weight restriction.  Mabus went back to work and claimed he reinjured himself.  He was seen by a new doctor who found that Mabus reached  MMI on July 14, 2008, with a PPI of thirteen-percent  to the body as a whole and no work restrictions. Mabus then began working for himself.  His request for further medial treatment and damages for permanent loss of wage earning ability was denied by the ALJ.  His request to recuse the ALJ was also denied.  The Commission affirmed.  Mabus appealed.

Mabus’ brief

Mueller Industries brief

Mabus’ rebuttal 

Watch the argument here

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