Elliott v. Montgomery

Supreme Court of Alabama

Chilton County | 59 So. 3d 663 | Oct. 15, 2010


Administrative Rule deemed Willful Conduct: Claim Allowed under Exclusive Remedy Provisions

Thomas Elliott, a worker at the State-operated Confederate Memorial Park, was injured when a tractor rolled over him. He claimed his injuries resulted from Eric Wayne Montgomery and William Rambo's willful conduct in failing to install proper safeguards on the tractor.

The trial court ruled in favor of Montgomery and Rambo, leading Elliot to appeal. Elliott's argument centered on an administrative rule, which defined willful conduct to include actions done with evident knowledge that injuries will likely result. The Supreme Court of Alabama reversed the lower court's decision holding that the rule did authorize Elliott's claims of willful conduct against Montgomery and Rambo. 

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