This is a case pending in Jefferson County circuit court involving an industrial accident wherein Eric Etheredge, an employee of ACIPCO, was pinned against a metal cement chute and the cement hopper resulting in severe, permanent debilitating injuries requiring multiple surgeries. Plaintiff alleges claims under Alabama’s Worker’s Compensation statute 25-5-11(c) (2) that the defendant co-employees negligently and/or wantonly removed a safety device which made the device unsafe causing the accident. ACIPCO removed a portion of a safety rail inviting access to an area that was unsafe without providing any lockout tag out procedure or warning of potential pinch points in the area.