LFI Pierce, Inc. v. Carter

829 So. 2d 158 (2001)

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LFI Pierce, Inc. v. Carter

Alabama Civil Court of Appeals
829 So. 2d 158 (2001)

Facts

Phillip Lee Mahan Jr. worked for Labor Finders (defendant), a temporary-employment agency, which placed him with Treesmith, Inc. (defendant) for a job. Labor Finders provided workers’-compensation coverage for Mahan. Mahan and others were assigned a job removing heavy trees and other debris from a residential lot on Lake Tuscaloosa starting at approximately 7:30 a.m. The lot had a steep slope between the house and the lake with about 160 built-in steps, and Mahan had to carry trees and debris up to the top of the slope. The temperature that day reached 100 degrees, and the workers took a 15-minute break every 45 minutes and had access to a water cooler. At about 3:00 p.m. the workers took a break, and Mahan’s supervisor and others jumped in the lake. Mahan followed, and he drowned. According to Mahan’s supervisor, they jumped in the lake to cool off and not for a recreational swim. Mahan’s family sued to recover workers’-compensation death benefits. After a trial, the trial court entered an order awarding death benefits to Mahan’s family. Labor Finders appealed.

Rule of Law

Issue

Holding and Reasoning (Yates, J.)

Concurrence (Murdock, J.)

Dissent (Thompson, J.)

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