Jane Bartlett Phillips, as of the Estate of Peter Richard Phillips, Deceased v. Unijax, Inc.

JAMES C. HILL, Circuit Judge:

Peter Richard Phillips died of injuries sustained in an automobile accident. His survivors sued both the driver [Carner] and the driver’s employer, appellee Unijax, Inc., for wrongful death. The action originated in Alabama Circuit Court. Plaintiffs’ complaint, as amended, identically charged each defendant with “negligently” and “wantonly” injuring the deceased. Some three years into the litigation, plaintiffs successfully moved that separate trials be had against the two defendants. Ala.R.Civ.P. 42(b). Unijax then sought to remove the case to the United States…