Mitchell v. Imms

1 Citing case

  1. Procter Gamble Co. v. Staples

    551 So. 2d 949 (Ala. 1989)   Cited 14 times
    Finding "much more control or custody than is presented by the evidence before us . . . is necessary to sustain a finding that the defendant assumed the duty to provide a safe workplace" where defendant provided safety literature to subcontractor, sent a member of its safety division to help subcontractor set up a safety program, and even helped implement a safety tracking system

    Id. at n. 205. Nevertheless, after a review of his treatise we are quite convinced that this eminent authority does not envision the duty to provide a safe workplace generally being imposed on a stranger to the employer's business.E.g., Malone v. Beggerly, 545 So.2d 1320 (Ala. 1989); Creel v. Bridewell, 535 So.2d 95 (Ala. 1988); Cody v. Louisville N. R.R., 535 So.2d 82 (Ala. 1988); Harris v. Hand, 530 So.2d 191 (Ala. 1988); Jones v. Griffin, 530 So.2d 819 (Ala. 1988); Ritchie v. Bullock, 529 So.2d 916 (Ala. 1988); Jacoups v. Daigle, 521 So.2d 979 (Ala. 1988); Barron v. Construction One, 514 So.2d 1351 (Ala. 1987); Cook v. Anderson, 512 So.2d 1310 (Ala. 1987); Noble v. McManus, 504 So.2d 248 (Ala. 1987); Rice v. Deas, 504 So.2d 220 (Ala. 1987); Mitchell v. Imms, 488 So.2d 817 (Ala. 1986); Mullins v. Summers, 485 So.2d 1126 (Ala. 1986); Fontenot v. Bramlett, 470 So.2d 669 (Ala. 1985); Kennemer v. McFann, 470 So.2d 1113 (Ala. 1985); Brown v. Schultz, 457 So.2d 388 (Ala. 1984); Southern Guar. Ins. Co. v. Pittman, 439 So.2d 7 (Ala. 1983); Clements v. Webster, 425 So.2d 1058 (Ala. 1982); Bell v. Chisom, 421 So.2d 1239 (Ala. 1982); Evans v. Kendred, 362 So.2d 206 (Ala. 1978); Pipkin v. Southern Elec. Pipefitting Co., 358 So.2d 1015 (Ala. 1978); Atchison v. Horton, 348 So.2d 1358 (Ala. 1977); and Sasser v. Dixon, 290 Ala. 17, 273 So.2d 182 (1973). In the case at bar, it is readily apparent that P G was neither a co-employee of the plaintiff's decedent nor in any other way within the business of Buckeye.