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Beard v. Mobile Press Register12/10/2004
that, as the main opinion notes, the "'circumstances surrounding the decedent's death are somewhat uncertain.'" ___ So. 2d at ___ (Yates, P.J., dissenting). Although Beard briefly notes near the end of the first argument in her brief on appeal that there may be a disputed fact as to whether the employee's death arose out of his employment, she does not make an argument supported by legal authority to this effect. Instead, her brief focuses upon her arguments that Lawrence's death was foreseeable and that the employer had a duty to protect Lawrence from the criminal act of Seals. Those contentions are addressed in the main opinion.
YATES, Presiding Judge, dissenting.
The main opinion correctly states that "'the [Workers' Compensation ] Act is the exclusive remedy when an employee is injured in an accident proximately resulting from, and that occurred while the employee was engaged in, the actual performance of the duties of his or her employment.'" ___ So. 2d at ___, quoting Ex parte Shelby County Health Care Authority, 850 So. 2d 332, 338 (Ala. 2002). After reviewing the evidence in this case, I believe that a question of fact exists as to whether the shooting of Christopher Lawrence by Roderick Seals "proximately resulted" from "the actual performance of the duties of" Lawrence's employment. The main opinion notes that the "circumstances surrounding the decedent's death are somewhat uncertain" and that Lawrence may have been shot because he grabbed Seals. ___ So. 2d at ___.
Because all of the elements necessary to make the Act the exclusive remedy for the employee or the employee's successor in interest have not been met in this case, I must respectfully dissent from the main opinion.
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