EX PARTE McCARTNEY CONSTRUCTION COMPANY

McCartney Construction Company ("McCartney"), a defendant in an action pending in the Etowah Circuit Court, petitions for a writ of mandamus directing that court to vacate its order denying McCartney's motion to dismiss, and to dismiss McCartney as a defendant. We grant the petition.

Maurice Dwight Timmons, the plaintiff in the pending action, is an employee of McCartney. He suffered an on-the-job injury. The documents filed with this Court indicate that Timmons is covered by the provisions of the Workers' Compensation Act, Ala. Code 1975, § 25-5-1 et seq. Timmons sued McCartney and a…