ALEXANDER v. LYON

89-1829, 1900438.

582 So.2d 1098 (1991)

Linda ALEXANDER v. David LYON. Charles WALKER v. David LYON.

Supreme Court of Alabama.

June 21, 1991.


Attorney(s) appearing for the Case

Eason Mitchell, Alabaster, for appellants.

Jeffrey Friedman, Birmingham, and James W. Garrett, Jr. of Rushton, Stakely, Johnston & Garett, Montgomery, for appellee.


MADDOX, Justice.

These cases involve similar facts and issues and were consolidated on appeal. The legal issue presented is whether the exclusivity provisions of the Workmen's Compensation Act apply. The resolution of that issue depends, in part, on whether the defendant, David Lyon, was a "co-employee" of the injured employee, as defined in Ala.Code 1975, § 25-5-11(b).

The plaintiffs contend that the trial court erred in finding that David Lyon was the...

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