Plaintiff Anthony Devero filed a lawsuit against his employer, North American Bus Industries ("NABI"), initially asserting claims outside the scope of the Alabama Workers' Compensation Act. He claimed exposure to hazardous chemicals in the workplace had damaged his internal organs and caused pneumoconiosis.
After several amendments to the complaint and subsequent orders by the trial court, Devero filed a new complaint under the Act. In response, NABI moved for summary judgment, citing lack of evident toxicity exposure and job-related illness.
The trial court ruled in favor of NABI asserting no evidence of toxicity exposure or work-related disease. Devero's appeal was likewise dismissed by the Court of Civil Appeals, upholding the trial court's summary judgment and leading to Devero's tort claims being barred by the Act's exclusivity provisions.
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