Supreme Court of Alabama

Andre Barnwell v. Clp Corporation

May 11, 2018264 So. 3d 841

Summary

The court again reversed a summary judgment for CLP because the circuit court improperly struck Barnwell's affidavit and portions of his deposition after remand. The court held that the admissibility of that evidence had already been resolved in the first appeal and that the evidence, viewed under the summary-judgment standard, supported Barnwell's claim and precluded judgment for CLP. The court also held that CLP could not relitigate arguments that had been resolved or could have been raised in the first appeal.