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PHILLIPS v. ASPLUNDH TREE EXPERT CO.

2060307.

34 So.3d 1260 (2007)

Patricia PHILLIPS v. ASPLUNDH TREE EXPERT COMPANY.

Court of Civil Appeals of Alabama.

July 20, 2007.

Attorney(s) appearing for the Case

Jonna M. Denson of Heninger Garrison Davis, LLC, Birmingham, for appellant.

David S. Hassinger and Karen R. Berhow of Porter, Porter & Hassinger, P.C., Birmingham, for appellee.

MOORE, Judge.

In this workers' compensation case, Patricia Phillips ("the dependent") appeals from a summary judgment entered by the Blount Circuit Court in favor of Asplundh Tree Expert Company ("the employer"). In its judgment, the trial court determined that the dependent had failed to adduce clear and convincing evidence that the death of John Dan Phillips ("the employee") arose out of and in the course of his employment. We affirm.

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