Mac B. Greaves, a partner, and Daniel J. Martin, special counsel, both in the firm’s Business & Commercial Litigation Practice Group in the Birmingham office, recently prevailed at a bench trial in Jefferson County Circuit Court in an action in which they defended a wholesale grocer from allegations that the grocer caused the plaintiff’s permanently disabling injuries. 

The plaintiff recovered workers' compensation benefits from his employer but also sued the wholesale grocer who had loaded the trailer, alleging that their negligent loading of the trailer caused him to fall. After a bench trial, the court issued a Final Order ruling that the grocer was a joint employer and dismissing all claims with prejudice. 

The plaintiff appealed and argued that the trial court erred by conducting a bench trial because he had timely invoked his right to a jury trial. Mr. Greaves and Mr. Martin argued that despite the jury demand the court was authorized under the workers' compensation act to conduct the bench trial. The Alabama Court of Civil Appeals affirmed the trial court without opinion.