Blackwood v. Davis
Blackwood v. Davis
Opinion
Hestle B. Blackwood filed a worker's compensation claim against Alabama Power Company for injuries he allegedly sustained in an "on-the-job accident" at Alabama Power Company's Gorgas Plant in Walker County, Alabama. He also sued co-employees Troy L. Davis, Jr., Davis E. Clement, Jimmy W. Cook, Jon Michael Craddock, Joseph W. Martin, and Danny L. Vines, for damages based on injuries arising out of the same accident.1 The court dismissed the claims against the co-employees pursuant to Rule 12(b)(6), Ala.R.Civ.P., and made the dismissal final pursuant to Rule 54(b), Ala.R.Civ.P. Blackwood appeals. We affirm.
In reviewing a motion to dismiss, the trial court must construe all allegations of the complaint in the light most favorable to the plaintiff, resolving all doubts in the plaintiff's favor. See Morton v. Prescott,
The complaint in this case, when viewed in the light most favorable to Blackwood under the applicable standard of review, suggests the following:
While working in the line and scope of his employment with Alabama Power Company, Blackwood was checking fire extinguishers in old units No. 4 and No. 5 at the Gorgas Plant. The lights in those units were off. Blackwood was working his way down the stairwell of one of the units when, on the third step from the bottom, the heel of his shoe caught and he fell, sustaining injuries.
According to Blackwood, the co-employees willfully and intentionally decided to turn the lights off in the units of the plant where he was working and, at the same time, they required him to periodically perform his duties in those unlit areas. Furthermore, says Blackwood, the co-employees did not provide him flashlights to use as temporary safety devices on those occasions when he was required to work in those unlit units. He sued the co-employees under Ala. Code 1975, §
Section
Although the allegations indicate that the co-employees may have been negligent in turning off the lights in the units where Blackwood was working, there were no allegations that the co-employees' alleged failure to provide adequate lighting constituted "willful conduct" under §
The trial court properly dismissed Blackwood's claim against the co-employees.
AFFIRMED.
HORNSBY, C.J., and MADDOX, SHORES and KENNEDY, JJ., concur.
Reference
- Full Case Name
- Hestle B. Blackwood v. Troy L. Davis, Jr.
- Cited By
- 8 cases
- Status
- Published