Alexander v. Lyon

MADDOX, Justice.

These cases involve similar facts and issues and were consolidated on appeal. The legal issue presented is whether the exclusivity provisions of the Workmen’s Compensation Act apply. The resolution of that issue depends, in part, on whether the defendant, David Lyon, was a “co-employee” of the injured employee, as defined in Ala.Code 1975, § 25-5-ll(b).

The plaintiffs contend that the trial court erred in finding that David Lyon was the co-employee of Frank Alexander and Charles Walker. The plaintiffs further contend that, even assuming that they were co-emplóyees of Lyon, the…