# Edmonds Indus. Coatings, Inc. v. Lolley

> Court of Civil Appeals of Alabama · June 4, 2004 · 893 So. 2d 1197

URL: https://www.frixlaw.com/law-library/cases/9931818

## Case

- **Full name:** Edmonds Industrial Coatings, Inc. v. Roger Dale Lolley. Edmonds Industrial Coatings, Inc. v. Insurance Company of North America and Wausau Insurance Company.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** June 4, 2004
- **Citations:** 893 So. 2d 1197; 2004 WL 1231642
- **Precedential status:** Published
- **Opinion:** Concurrence by Pittman
- **Judges:** Crawley, Murdock, Pittman
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9931818

## How later opinions describe it (automated extraction)

- affirming an award of benefits for COPD as an occupational disease, despite the fact that the employee was a smoker, because the appellate court concluded that the trial court must have found that the employee’s workplace exposure to paint fumes was “sufficient in intensity an…

## Opinion text

Although I question whether American Interstate (rather than the company) is actually the real party in interest that should have prosecuted the third-party claim asserted against INA and Wausau in this case, 4 I believe that the "last injurious exposure" rule applied by the court in affirming the trial court's judgment as to that claim is consistent with Alabama law. See Ala. Code 1975, §§ 25-5-116 and 25-5-117 (b), and 2 Terry A. Moore, Alabama Workers' Compensation § 31:33 (1998) (stating that Article 4 of the Alabama Workers' Compensation Act espouses a bright-line rule that "precludes apportionment of occupational disease benefits among different insurers . . . by placing the entire loss on the insurer who happens to be carrying the risk on the date of last exposure"). Accordingly, I concur in the main opinion.
4 See Rule 17(a), Ala. R. Civ. P., and Phico Ins. Co. v. Providers Ins. Co. , 888 F.2d 663 (10th Cir. 1989).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9931818. Public record. Not legal advice.