Vernda Kay Hicks v. Commercial Union

PER CURIAM. Vernda Kay Hicks, as administratrix of the estate of John Williams Hicks, appeals from a summary judgment in favor of the
defendants Thaxton, Inc., Hy-Tech Machine, Inc., Samuel Flood, and Commercial Union Insurance Company. Vernda Hicks brought
this action for damages against these four defendants and against three co-employees of John Hicks, 1 alleging negligence,
intentional or willful wrongful conduct, and liability under the Alabama Extended Manufacturer's Liability Doctrine ("AEMLD"),
in connection with the discharge of a pipe plug or pipe stopper, attached to a highly pressurized container or vessel, which
struck John Hicks in the head, killing him instantly. With regard to Thaxton, Inc., and its "affiliate," Hy-Tech Machine,
Inc. (together referred to hereinafter as "Thaxton"), Vernda Hicks alleged that the pipe stopper and its component parts,
which Thaxton had designed and manufactured, were "defective," as that term is used in our cases applying the AEMLD. With
regard to Samuel Flood and his employer, Commercial Union Insurance Company, Vernda Hicks alleged that Commercial Union, through
Flood, had breached a duty to exercise reasonable care to ensure safety during the testing of the vessel, during which testing
John Hicks was killed.