Kerns Trucking, Inc. v. Whiteside

This is a workers' compensation case. This appeal concerns whether Kathy Whiteside ("the worker") was an employee of Kerns Trucking, Inc. ("the company"), at the time she was injured. Specifically, the issue is whether the company is excluded by definition from being the worker's employer under Ala. Code 1975, § 25-5-1(4).

The record indicates that at the time of her injury on May 2, 2001, the worker was operating a dump truck owned by Angie Grimes. Grimes, doing business as AG Enterprises ("AG"), had leased the truck to the company pursuant to a contract. The trial court found that the lease…