SMITH v. WALLACE

1930608.

681 So.2d 1034 (1995)

Daniel R. SMITH, et al. v. Jim WALLACE, et al.

Supreme Court of Alabama.

Rehearing Denied May 12, 1995.


Attorney(s) appearing for the Case

Jay E. Emerson, Jr. of Higgs, Emerson & Dezenberg, Huntsville, for appellants.

J. Michael Tanner and Benjamin H. Albritton of Almon & McAlister, P.C., Tuscumbia, for appellees.


INGRAM, Justice.

Daniel Smith, an employee of Reynolds Metals Company ("Reynolds"), was injured while operating a metal grinding machine. Pursuant to Ala.Code 1975, § 25-5-11(b) and (c)(2), Smith and his wife, Libby Z. Smith, sued Smith's co-employees Jim Wallace, Marion Rhodes, Carl Stumpe, and Charlie Wilson, alleging willful and intentional failure to maintain a safety device. The trial court entered a summary judgment...

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