Swain v. AIG Claims

Court of Civil Appeals of Alabama

Jefferson County | 295 So. 3d 1072 | Oct. 18, 2019


Court Reverses Dismissal of Injured Worker's Tort Claims Related to Post-Accident Care

Swain, an employee who suffered injuries from a workplace accident, filed legal actions against AIG, Thomas, Coventry, and Angeles, parties involved in handling his workers' compensation claim. Swain accused them of intentional infliction of emotional distress, fraud, and conspiracy, alleging that they prioritized their financial interests over his urgent medical needs.

As a result of their alleged negligence, Swain suffered a severe mental breakdown. However, the trial court dismissed Swain's claims, arguing they fell under the Alabama Workers' Compensation Act. Swain appealed this decision. The appellate court, referencing the Lowman case, suggested that Swain's tort claims might not be restricted by the Act and highlighted that Swain's emotional and mental distress claims are distinct from his workplace injury. The court emphasized that Swain should be given the opportunity to prove his case before any dismissal based on lack of evidence. The appellate court concluded that the trial court's decision was premature and remanded the case for further proceedings.

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