Clifford Bufford, an employee at Borbet Alabama, Inc., experienced an injurious workplace incident, alleging that it was the result of willful conduct by his co-employees, particularly Jeffrey Varoff, due to the alleged removal or alteration of safety guards on a machine, and sued them. Varoff and the co-employees disputed these allegations, seeking immunity under Alabama’s Workers' Compensation Act and maintained that there was no conclusive evidence to support Bufford's claims.
Varoff’s argument was centered around the interpretation of the term “repair” under § 25-5-11(c)(2), Ala. Code 1975, asserting that the removal of the machine’s lid to unclog it constituted a repair, thus, not equating to willful conduct under the Act. The Court, interpreting the term “repair” as restoring to a usable condition, sided with Varoff, concluding that his actions to restore the machine to working order indeed constituted a repair and did not amount to willful conduct, making him immune from liability under the Act. Subsequently, the court directed the trial court to grant Varoff's motion for summary judgment, deeming the previous denial erroneous.
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