EX PARTE PROGRESS RAIL SERVICES CORP.

1012357.

869 So.2d 459 (2003)

Ex parte PROGRESS RAIL SERVICES CORPORATION. (In re Daniel Pantoja Garcia, as dependent of Lydia Garcia, deceased; et al. v. Progress Rail Services Corporation et al.)

Supreme Court of Alabama.

June 20, 2003.


Attorney(s) appearing for the Case

Samuel H. Franklin and Stephen J. Rowe of Lightfoot, Franklin & White, L.L.C., Birmingham; and Charles R. Hare, Jr., of Gullahorn & Hare, P.C., Albertville, for petitioner.

Rex W. Slate and Cathey E. Berardi of Hebson, Liddon & Slate, Birmingham; and E. Shane Hollaway of Hollaway Law Office, Guntersville, for respondents.


HARWOOD, Justice.

By its petition for a writ of mandamus filed on September 25, 2002, Progress Rail Services Corporation ("Progress Rail") seeks an order directing the Marshall Circuit Court to dismiss the plaintiffs' claims against it, on the basis that the claims were barred by the exclusivity and immunity provisions of the Alabama Workers' Compensation Act.

The tragic circumstances giving rise to the underlying action are as follows: Lydia Garcia and her...

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