Opinion

Wilkins v. West Point-Pepperell, Inc.

  • 397 So. 2d 115
Court
Supreme Court of Alabama
Filed
Apr 10, 1981
Status
Published
Author
Almon
On the bench
Almon, Beatty, Jones, Maddox
Cited by
8 cases
Authority
More cited than 15.1%

The opinion

I agree with that part of the opinion which holds that the employees do not have a claim against the employer. I disagree, however, with the holding that the employees have a claim against co-employees for occupational diseases which are allegedly caused over a period of many years by the employer failing to provide a safe place to work. *Page 120

The majority's attempt to distinguish Gentry v. Swann Chemical Co. , 234 Ala. 313 , 174 So. 530 (1937), is unclear. Moreover, I think this is an area which addresses itself to legislative discretion notwithstanding Section 13, Constitution of Alabama, 1901. See Shores, J., concurring opinion in Fireman's Fund American Insurance Company v. Coleman , 394 So.2d 334 (Ala. 1980), in which I joined concurring.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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