Ex parte Mike Griffin, Eddie Pate, and Scott Engle (In re: Gary Jackson v. Mike Griffin et al.)

Summary

The Supreme Court of Alabama denied a petition for a writ of mandamus seeking review of the denial of co-employees' summary-judgment motion based on workers' compensation immunity. The special concurrence discussed whether an employer that substantially modifies equipment may qualify as the machine's manufacturer under Ala. Code § 25-5-11(c)(2), and whether Alabama precedent has improperly expanded the meaning of safety-device removal and the statute's willful-and-intentional mens rea requirement. The concurrence concluded that these issues were not suitable for resolution at the mandamus stage.

Holdings

1. The petition for a writ of mandamus was denied.
2. The denial of mandamus did not decide whether AMICO became the manufacturer through substantial modifications or whether sufficient evidence existed for a jury to determine that issue.
3. The court did not reach or resolve whether existing precedent's interpretations of removal, willful and intentional conduct, or knowledge are consistent with the statute.

Questions Presented

1. Whether the defendants established a clear legal right to mandamus relief from the denial of summary judgment based on coemployee immunity under Ala. Code § 25-5-53.
2. Whether the record and procedural posture permitted the Supreme Court to decide whether AMICO became the machine's manufacturer through substantial modifications.
3. Whether the Supreme Court should reconsider Alabama precedent interpreting removal, willful and intentional conduct, and knowledge under Ala. Code § 25-5-11(c)(2).

Disposition

writ_denied