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GRIMES v. STEWART

1920807, 1920864.

628 So.2d 467 (1993)

Russell H. GRIMES and Arzie Grimes v. Brian Ray STEWART. Brian Ray STEWART v. Russell H. GRIMES and Arzie Grimes.

Supreme Court of Alabama.

Rehearing Denied October 29, 1993.

Attorney(s) appearing for the Case

Charles E. Sharp, Joel A. Williams and Ted L. Mann of Sadler, Sullivan, Herring & Sharp, P.C., Birmingham, and James E. Davis, Jr. and M. Ann Wagner of Lanier, Ford, Shaver & Payne, P.C., Huntsville, for appellants/cross-appellees.

J. Allen Brinkley of Brinkley, Chesnut & Aldridge, and Don A. Howard and J. Russell Munger of Uhrig, Munger & Howard, Huntsville, for appellee/cross-appellant.

Davis Carr of Pierce, Carr & Alford, Mobile, and J. Mark Hart of Spain, Gillon, Grooms, Blan & Nettles, Birmingham, for amicus curiae, Alabama Defense Lawyers Ass'n.

HOUSTON, Justice.

Brian Ray Stewart sued two former co-employees, Arzie Grimes and his son, Russell H. Grimes, seeking damages under Ala.Code 1975, § 25-5-11(c)(1), part of the Alabama Workers' Compensation Act. Stewart alleged that the Grimeses had allowed him to come in direct contact with benzene, emitted in the form of fumes from gasoline-contaminated soil, and that they had done so with the design, intent, and purpose of causing him to develop leukemia....

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