Pitts v. Beasley

The plaintiff, Gerard Pitts, appeals from a summary judgment for the defendants, James Beasley, Charles Stewart, Jack Stevenson, and Thomas McNider. Pitts's action sought to recover damages under Ala. Code 1975, § 25-5-11, for injuries Pitts says were caused by "willful conduct" of co-employees. We affirm.

A summary judgment is appropriate where there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. Rule 56, Ala.R.Civ.P. Once the moving party makes a prima facie showing that there is no genuine issue of material fact, the burden shifts to…