Means v. Glover

Court of Civil Appeals of Alabama

Mobile County | 342 So. 3d 539 | Feb. 5, 2021


Court Upholds Dismissal of Plaintiff's Claims against Employer on Grounds of Expiry and Lack of Evidence

Sanders Lead, a recycling facility in Troy, adopted a new method to extract more lead from aluminum dross, as introduced by industry consultant Miguel Pizzuto. However, during this process, Means, an employee, suffered second-degree burns due to an explosion caused by the rapid addition of sodium hydroxide. While the Occupational Safety and Health Administration (OSHA) fined Sanders Lead after investigating the incident, legal proceedings were initiated by both parties. Initially, Means sought details about the new method's adoption, which the court deemed irrelevant.

Later, Means sued Sanders Lead employees Glover and Brown, and four others he identified during Glover's deposition, alleging willful conduct resulting in his injuries. The trial court dismissed his claims against the chemical companies, and due to Means's inability to provide substantial evidence against Sanders Lead employees, the court granted them a summary judgment. This was made final when no other claims remained. Means's attempt to reconsider the judgment was denied by the court. Means appealed, but the higher court upheld the trial court's decisions. It found Means's claims against the "substituted defendants" to be time-barred, due to his failure to identify them within the statute of limitations, drawing parallels to a similar case. Further, it ruled that Means had not presented enough evidence proving willful misconduct by Glover and Brown, especially concerning the absence of a safety windshield on the forklift.

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