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SMITH v. LEWIS

2950667.

684 So.2d 1317 (1996)

Tina L. SMITH, as dependent widow of Joseph T. Smith, Jr., deceased, and Stephanie Ann Smith, John Ed Smith, Leanna Lenea Smith, and Joseph Franklin Smith, as dependent children of Joseph T. Smith, Jr. v. Duane LEWIS.

Court of Civil Appeals of Alabama.

October 11, 1996.

Attorney(s) appearing for the Case

W. Lee Pittman of Pittman, Hooks, Marsh, Dutton & Hollis, P.C., Birmingham, for Appellants.

David S. Hassinger and Andrea P. Pope of Porter, Porter & Hassinger, Birmingham, for Appellee.

RICHARD L. HOLMES, Retired Appellate Judge.

On April 13, 1992, Joseph T. Smith, Jr. (employee), was fatally electrocuted while in the line and scope of his employment with Asplundh Tree Expert Company (Asplundh or employer).

In March 1994, pursuant to Ala.Code 1975, § 25-5-11, the employee's widow, Tina L. Smith, filed suit on behalf of herself and their four dependent children. Smith filed the complaint against Alabama Power Company (Alabama Power);...

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