Pettibone v. Tyson

JOHNSTONE, Justice.

Plaintiff Jerome Pettibone appeals from a judgment entered in favor of defendant coemployee Dwayne Tyson on Pettibone’s claim that §§ 25-5-ll(b) and 25-5-11(c)(2), Ala.Code 1975, made Tyson liable for his failure to maintain and/or to repair the brakes on their employer’s van.1 We address Pettibone’s objection to a jury instruction that increased the scienter essential to his cause of action against Tyson.

Pettibone sued Tyson under § 25-5-11(b), which provides in pertinent part:

“(b) If personal injury or death to any employee results from the willful conduct, as defined in…