Opinion
84-470.
April 25, 1986.
Appeal from the Circuit Court, Mobile County, Ferrill D. McRae, J.
James A. Yance and Russell H. Bounds of Cunningham, Bounds, Yance, Crowder and Brown, Mobile, for appellants.
W. Boyd Reeves and Douglas L. Brown of Armbrecht, Jackson, DeMouy, Crowe, Holmes Reeves, Mobile, for appellees.
Plaintiff Frank Chestang was injured on the job while employed as a shipyard worker by Alabama Maritime Corporation at its plant on Pinto Island in Mobile, Alabama.
He and his wife brought suit against several defendants, including the appellees, who are his co-employees. Summary judgment was granted for the co-employees.
The issue is whether the action against the co-employees is barred by the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901, et seq.
This Court has previously decided that the exclusivity provisions of 33 U.S.C. § 933 (i) pre-empt negligence suits by land-based maritime workers against co-employees. Fillinger v. Foster, 448 So.2d 321 (Ala.), cert. denied, Foster v. Fillinger, ___ U.S. ___, 105 S.Ct. 223, 83 L.Ed.2d 153 (1984); Bailey v. Collier, 465 So.2d 381 (Ala. 1985).
Therefore, we find that the trial court correctly granted summary judgment. Accordingly, the judgment is hereby affirmed.
AFFIRMED.
TORBERT, C.J., and MADDOX, ALMON, BEATTY and HOUSTON, JJ., concur.