Rudolph v. Gwin

ADAMS, Justice.

This case arises from an accident in which Sidney Rudolph was injured by a co-employee, Johnnie T. Gwin, Jr., while working for the City of Bessemer. Rudolph is appealing from the summary judgments entered in favor of Gwin. We affirm.

Rudolph and Gwin worked in the Sanitation Department of the City of Bessemer. On June 3,1985, while on his regular route, Rudolph was severely injured when he was run over by the garbage truck driven by Gwin. Rudolph contends that immediately prior to the accident Gwin was reading a Penthouse magazine and drinking a 16-ounce beer that Malcom Brown,…