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Hatch v. Health-Mor, Inc.
Citations: 686 So. 2d 1132; 1996 Ala. LEXIS 469; 1996 WL 497041Docket: 1950259
Court: Supreme Court of Alabama; August 30, 1996; Alabama; State Supreme Court
Louis Hatch appealed a summary judgment favoring Health-Mor, Inc. concerning his claims related to a vacuum cleaner purchase. Hatch's allegations included a civil conspiracy to defraud, asserting that Health-Mor was liable as a co-conspirator rather than vicariously liable for the actions of co-defendants involved in the sale. Health-Mor's summary judgment motion addressed only claims based on the doctrine of respondeat superior. The court found that Hatch was not required to provide evidence for the civil conspiracy claim in response to the summary judgment motion, as it was not part of Health-Mor's argument. While the court affirmed the summary judgment for Hatch's other claims, it determined the trial court erred by granting summary judgment on all claims due to the civil conspiracy claim not being properly before it. Consequently, the summary judgment on the civil conspiracy claim was reversed, and the case was remanded for further proceedings. The decision was affirmed in part, reversed in part, and remanded.