# Wilkins v. West Point-Pepperell, Inc.

> Supreme Court of Alabama · April 10, 1981 · 397 So. 2d 115

URL: https://www.frixlaw.com/law-library/cases/9933893

## Case

- **Full name:** Nat Wilkins, Individually and as Representative of the Class v. West Point-Pepperell, Inc.
- **Court:** Supreme Court of Alabama
- **Decided:** April 10, 1981
- **Citations:** 397 So. 2d 115
- **Precedential status:** Published
- **Opinion:** Dissent by Almon
- **Judges:** Almon, Beatty, Jones, Maddox
- **Cited by:** 8 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/9933893

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9933893. Public record. Not legal advice.