Crawford v. Martin

I do not agree that the plaintiffs proffered substantial evidence that would defeat Martin’s motion for a summary judgment. Therefore, I respectfully dissent.

Under Alabama law, the knowledge of a potentially dangerous condition in the workplace will not support a co-employee action unless there is evidence that the defendant was substantially certain that injury or death could occur as a result of that condition. See Scott v. Goins, 677 So.2d 1154 (Ala.1996) (co-employee could not be said to be “substantially certain of injury or death” for failure to provide “fall protection” to an employee…