It is well-established under Alabama's workers' compensation law that the exclusive remedy workers have to pursue action against their employer is worker's compensation. That means employees in most cases can't sue their company for on-the-job injuries.
However, workers can pursue legal action against third parties who may be responsible for injuries arising from employment.
Such was the case in Lemley v. Wilson, wherein a city-employed worker was struck by a vehicle while directing traffic. He later died of his injuries. The worker's father pursued legal action against the driver who struck him.
The case went to trial, and jurors sided with defendant. However, trial court granted plaintiff's motion for a new trial. Defendant appealed, and the issue of the new trial was heard by the Alabama Supreme Court, which reversed and remanded. The high court ruled there was ample evidence to support jury's findings, even if there was also ample evidence to support plaintiff's assertions.