Ex Parte Newton

This co-employee-liability action arose from an accident at Wright Pre-Cast Concrete, Inc., in which Robert H. Newton, Sr., an employee of Wright Pre-Cast Concrete, was seriously injured. Newton sued three co-employees — George Wright, the owner of the company; Georgette Wright, the manager; and Guy Wright, a supervisor (hereinafter referred to collectively as "the Wrights").

Newton made two claims against the Wrights, both alleging that they had engaged in willful conduct that resulted in his injuries. First, he claimed, under Ala. Code 1975, §25-5-11(c)(1), that they had willfully failed to…