Ray Anthony Mallisham v. Tommy Kiker

ALMON, JUSTICE. Ray Anthony Mallisham, a coal miner employed by Jim Walter Resources, Inc. (JWR), was injured in a mining accident. He brought an action against the following employees of JWR: Nathaniel Hawkins, Mallisham's section foreman; Frank Blake, the assistant mine supervisor; John Norfleet, the assistant mine safety supervisor; Tommy Kiker, the mine safety supervisor; James Beasley, the mine foreman in charge of mine operations and safety; Art Sullivan, the mine safety director; and William Carr, the president of the mining division of JWR. Mallisham's complaint alleged that these employees had willfully caused the safety mechanisms and roof control supports in the area of the coal mine where he was working not to be installed as required by JWR's safety regulations and by federal law. He alleged that this willful conduct proximately caused his injuries. The court entered a summary judgment in favor of Norfleet, Kiker, Beasley, Sullivan, and Carr, and a partial summary judgment in favor of Blake and Hawkins. The trial court made these summary judgments final pursuant to Rule 54(b), Ala. R. Civ. P.; Mallisham appeals. The principal issue is whether Mallisham presented substantial evidence that the failure to install roof support timbers constituted the ""removal from a machine of a safety guard or safety device provided by the manufacturer,"" within the meaning of Ala. Code 1975, § 25-5-11(c)(2).