Alabama Workers' Comp Blawg

  • 18
  • Jan
  • 2025

Alabama Supreme Court Reverses $3M Bench Verdict Against Co-Employees in Safety Guard Removal Lawsuit

        

On August 30, 2024, the Alabama Supreme Court released its opinion in the case of Leader v. Pablo wherein it reversed a bench trial judgment awarding punitive damages in the amount of $3M to a surviving spouse in a § 25-5-11(b) willful conduct/safety removal lawsuit against two co-employees. In support of the reversal, the Court noted that the plaintiff did not prove that the either co-employee willfully and intentionally removed a safety device by (1) failing to electronically interlock a security gate to a limit switch or (2) instructing employer to disregard available safety devices.

                

My Two Cents: Although the spouse sued the defendants for willful conduct pursuant to Alabama Code § 25-5-11(b), the only recoverable damages were punitive Alabama’s Wrongful Death Statute (§ 6-5-410). Unlike compensatory damages where the idea is to compensate or reimburse in an effort to make whole, punitive damages are designed to punish the wrongdoer and deter others from engaging in similar conduct.

              

This blog submission was prepared by Mike Fish, an attorney with Fish Nelson & Holden, LLC, a law firm dedicated to representing self-insured employers, insurance carriers, and third-party administrators in all matters related to workers’ compensation. Fish Nelson & Holden is a member of the National Workers’ Compensation Defense Network. If you have any questions about this submission or Alabama workers’ compensation in general, please contact Fish by e-mailing him at mfish@fishnelson.com or by calling him directly at 205-332-1448.

Follow and connect with us!

Categories