A claimant sought workers’ compensation benefits alleging an injury or occupational disease she sustained due to exposure to cigarette smoke in the workplace. The employer filed a motion to dismiss for failure to state a claim. The trial court granted the motion after hearing arguments of counsel and other matters outside the pleading without treating the motion as a motion for summary judgment. The Court of Civil Appeals of Alabama found that this was prejudicial error because both parties would be given ten days’ notice and be allowed to submit affidavits to argue for or against the motion. Thus, the judgment of the trial court was reversed and the case was remanded for further proceedings.
666 So.2d 833 (Ala. Civ. App. 1995).