International Brotherhood of Electrical Workers, Systems Council U-19 & Local 841 v. Powell

ALMON, Justice.

Three union defendants appeal from the rendition of a $40,000 jury verdict against them jointly and severally in favor of the appellee, James C. Powell. We reverse.

In September, 1975, Alabama Power Company (APC), terminated James C. Powell’s employment as a company lineman, based upon a determination that Powell had a spondylolytie condition in his lower back which rendered him incapable of heavy lifting and therefore unfit for lineman’s duties.

This condition, characterized as a congenital back defect was discovered while Powell was being treated for a severe back sprain…