Lawler and Cole, CPAs v. Cole

Court of Civil Appeals of Alabama

Marion County | 267 So. 3d 311 | July 13, 2018


Court Affirms Wrongful Death Was Work-Related

Cole filed a lawsuit against his employer and Alabama Retail after his wife, Linda Cole, was fatally shot at her workplace, claiming entitlement to workers' compensation death benefits. The employer and Alabama Retail opposed this, insisting Linda's death wasn't work-related. At the core of the dispute was whether Linda's death constituted a compensable accident stemming from her job. Alabama law characterizes unexpected intentional attacks on employees as work-related accidents if it's tied to the employee's occupation.

Crucial details emerged: Linda was killed by Jimmy Dale Cooper, her long-time client, who had tax issues and blamed Linda for them. The main argument presented by the employer and Alabama Retail was that since Linda's professional relationship with Cooper ended years ago, the attack was personal. However, evidence and past similar case rulings demonstrated that Cooper's motive remained linked to their professional relationship, regardless of the time that had elapsed. Therefore, the trial court's judgment in favor of Cole, deeming Linda's death work-related, was affirmed.

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