Cunningham v. Stern

The plaintiff, Carolyn Morrison Cunningham, appeals from a summary judgment entered in favor of the defendants Charles Stern and Lawrence Bailey in a personal injury action against co-employees brought pursuant to Ala. Code 1975, § 25-5-11.

Cunningham was injured while operating a punch press during the line and scope of her employment with Harsco, Inc., doing business as the Taylor Wharton Company, in Mobile. Louis Drottner, press designer for the manufacturer of the press, testified in his deposition that the press was manufactured and sold with a selector switch by which the user could…