GAUT v. MEDRANO

1911457.

630 So.2d 362 (1993)

Richard Brian GAUT v. Sal MEDRANO and Holnam, Inc.

Supreme Court of Alabama.

Rehearing Denied December 10, 1993.


Attorney(s) appearing for the Case

E.J. Saad of Crosby, Saad, Beebe, Cavender & Crump, P.C., Mobile, for appellant.

Cooper C. Thurber, Reggie Copeland, Jr. and Gilbert F. Dukes III of Lyons, Pipes & Cook, P.C., Mobile, for appellees.

Jack Drake of Drake & Pierce, Tuscaloosa, and Andrew Citrin of Cunningham, Bounds, Yance, Crowder and Brown, Mobile, and Bruce J. McKee of Hare, Wynn, Newell & Newton, Birmingham, for amicus curiae Alabama Trial Lawyers Ass'n.

S. Allen Baker, Jr. and James A. Bradford of Balch & Bingham, Birmingham, for amicus curiae Business Council of Alabama.


ALMON, Justice.

The plaintiff, Richard Gaut, appeals from a summary judgment in favor of the defendants, Holnam, Inc. ("Holnam"), and Sal Medrano. The issue is whether the trial court erred in holding that Gaut, an employee of Industrial Services of Mobile, Inc. ("Industrial"), became a "special employee" of Holnam by virtue of an agreement between Holnam and Industrial and therefore is barred, by the exclusivity provision of the Workers' Compensation Act, from bringing...

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