¶2I concur in reversing the summary judgment against the plaintiff on his claim under § 25-5-11(c)(2), Ala. Code 1975. I respectfully dissent from affirming the summary judgment against the plaintiff on his claim under § 25-5-11(c)(1). The defendants' conduct in modifying and providing the machine for the plaintiff's employment was at least substantially certain, *857 and indeed was virtually absolutely certain, to injure him or another employee. The only uncertainty was how much time would pass before the injury would be sustained.
895 So. 2d 851
Ex Parte Newton
Decided March 5, 2004
Supreme Court of Alabama · decided 2004-03-05
Cited by 4 later decisions — most recently February 2009
4 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 2004-03-05
View the full empirical analysis of this case →