Knight v. Burns, Kirkley & Williams Const. Co., Inc.

This case is an appeal from a dismissal granted by the trial court pursuant to a Rule 12 (b)(6) motion filed by the defendant Burns, Kirkley and Williams Construction Company (Burns). This court reverses.

The action was originally brought by the dependent mother and sister of Shade Knight for Knight's wrongful death under the provisions of Title 26, Section 312, Code of Alabama, 1940, as amended. The case is before the court on the allegations of the complaint alone. The facts alleged in the complaint show that Shade Knight died while working for Smith Plumbing and Heating Company which had…