 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
BARRON v. CNA INS. CO.3/15/1996
Facts
These actions arose under § 25-5-11, Ala. Code 1975. The plaintiffs claimed damages for injuries they claimed to have suffered from an alleged exposure to asbestos during their employment. The plaintiffs, Joseph Barron and others, worked for many years at a plant in Pelham operated by Sepco Corporation. For many years, Sepco manufactured asbestos-containing products at that plant, until August 1984, when the plant was destroyed by fire.
The plaintiffs sued their supervisory co-employees Vernon W. Gibson, Sr., Vernon Gibson, Jr., James Sikes, James Ross, Richard Reynolds, and Garry Dodson. They alleged that those co-employees had a duty to provide them with a safe work place and that they had negligently or wantonly breached that duty by exposing the plaintiffs to the hazards of asbestos without providing adequate safety equipment and safety procedures for protection against those hazards. The plaintiffs did not allege willful conduct on the part of these defendants.
The plaintiffs also sued CNA insurance company, Commercial Union Insurance Company, and Fireman's Fund Insurance Companies, Sepco's workers' compensation insurance carriers, alleging that the carriers had negligently performed their undertaking to inspect the plaintiffs' workplace and had negligently failed to recommend to Sepco the complete removal of asbestos. The plaintiffs did not allege willful conduct on the part of these defendants.
The co-employee defendants moved for a judgment on the pleadings arguing that the exclusive remedy provisions of the Workers' Compensation Act, Ala. Code 1975, § 25-5-11, barred the plaintiffs' negligence claims. After oral argument on their motion, the trial court, treating the motion as a motion for summary judgement, entered a judgment in favor of the co-employee defendants and made it final pursuant to Rule 54(b), Ala.R.Civ.P.
The defendant insurance carriers filed motions for summary judgment, arguing that the exclusive remedy provisions of the Workers' Compensation Act, Ala. Code 1975, § 25-5-11, barred the plaintiffs' negligence claims. The trial court entered a summary judgment in favor of the carriers. The trial court's judgment for these defendants expressly stated that it did not address factual issues, but, rather, was based purely on legal principles applied to the pleadings.
The plaintiffs appeal as to each defendant. All five appeals involve the same issue of law.
Issue
Do the plaintiffs state a cause of action under Alabama law? Specifically, does the effective date provision, § 14, Act No. 85-41, Ala. Acts 1984-85, have the effect of preserving the plaintiffs' cause of action? The plaintiffs argue that the "effective date" provision of Act No. 85-41 makes the provisions of that Act inapplicable to their claims against co-employees and workers' compensation insurance carriers based on exposure to asbestos that occurred before 1985.
Discussion
Before 1985, co-employees and workers' compensation carriers could be civilly liable for personal injuries caused by their negligence or wantonness. In 1985, the legislature passed Act No. 85-41, which amended the Alabama Workers' Compensation Act to bar claims against co-employees and workers' compensation carriers based on negligence or wantonness. Under Act No. 85-41, a co-employee or workers' compensation carrier
is liable only for willful conduct that results in injury or death to the employee.
As amended by Act No. 85-41, § 25-5-53, part of the workers' compensation law, provides, in pertinent part:
"The rights and remedies granted in this chapter to an employee shall exclude
Page 1 2 3 4 Alabama Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|