Phillips v. Unijax, Inc.

ORDER AND DECREE ON MOTIONS FOR SUMMARY JUDGMENT AND REMAND

PITTMAN, Chief Judge.

This action for wrongful death arises out of an automobile accident. In Counts One and Two, the plaintiffs seek damages from Unijax, Inc. for the alleged wantonness or negligence of Unijax’s employee, the defendant Jerry B. Carner, which allegedly resulted in the death of plaintiffs’ decedent. In Counts Three and Four, the plaintiffs have sued Carner alone on the same theories of wantonness and negligence. This action was commenced in the Circuit Court of Mobile County, Alabama, and removed, after severance of the…