Opinion
2960673.
July 18, 1997.
Rehearing Denied August 22, 1997. Certiorari Quashed June 19, 1998 Alabama Supreme Court 1962048.
Appeal from the Circuit Court, Colbert County, No. CV-96-412, Inge P. Johnson, J.
Eddie Beason of McDowell, Beason Pilati, Russellville, for appellant.
Michael M. Eley and Edward C. Hixon of Webb Eley, P.C., Montgomery, for appellee.
Robert E. Smith filed an action for workers' compensation benefits against the Alabama Department of Transportation (ADOT) and Alexsis, Inc., the administrator of ADOT's self-insurance workers' compensation program. Alexsis moved to dismiss, arguing that it is immune from suit based on Alexsis, Inc. v. Terry, 675 So.2d 1321 (Ala.Civ.App. 1996). The trial court granted the motion to dismiss; Smith appealed. We affirm.
In Alexsis, Inc. v. Terry, supra, this court held that Alexsis was an agent of the State and, therefore, immune from suit. This case is identical to Alexsis v. Terry; Smith invites us to overrule that decision. We decline the invitation.
The judgment of the Colbert Circuit Court is affirmed.
AFFIRMED.
YATES and THOMPSON, JJ., concur.
ROBERTSON, P.J., and MONROE, J., dissent.
I must respectfully dissent. See Alexsis, Inc. v. Terry, 675 So.2d 1321, 1323 (Ala.Civ.App. 1996) (Monroe, J., dissenting).
ROBERTSON, P.J., concurs.