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Cumbie v. L&A;Contracting Co.6/25/1999
e to repair safety device on a machine); Blackwood, 613 So. 2d 886 (Ala. 1993) (failure to provide adequate lighting not the equivalent of removal of safety device from a machine); Mallisham v. Kiker, 630 So. 2d 420 (Ala. 1993) (failure to place support beams in a mine shaft not equivalent to removal of safety device from machine); Namislo v. Akzo Chemical Co., 671 So. 2d 1380 (Ala. 1995) (scrubber system and exhaust fans in cell house where chlorine gas was produced were not equivalent to removal of safety device from machine); Thermal Components, Inc. v. Golden, 716 So. 2d 1166 (Ala. 1998) (failure to install better ventilation system not equivalent to removal of safety device from machine, and failure to instruct employee to wear protective clothing or provide him with protecting clothing not equivalent to removal of safety device from machine).
To permit all actions based on negligence that "pertains to safety or adds to the plaintiff's risk" would be contrary to the intent of the legislature. Hallmark, 624 So. 2d at 1062. We adhere to the view that "§ 25-5-11(c)(2) cannot be construed to allow a co-employee action in every situation where an employee is injured on the job and that any change in the limited right of action provided for in § 25-5-11(c)(2) must be left to the legislature." Lane v. Georgia Cas. & Sur. Co., 670 So. 2d 889, 892 (Ala. 1995).
Because we conclude that Cumbie failed to produce substantial evidence indicating that her injury was proximately caused by the supervisory co-employees' willful removal of a safety guard or safety device, within the meaning of § 25-5-11(c)(2), we affirm the summary judgment.
AFFIRMED.
Hooper, C.J., and Maddox, Houston, Cook, See, Brown, and Johnstone, JJ., concur.
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