He was off the clock and jogging when a co-worker's truck hit him – then came the catch
Walmart worker who says he was off duty when hit by a co-worker's truck lost his lawsuit after accepting workers' comp.
On March 20, 2026, the Supreme Court of Alabama affirmed a ruling in favor of Walmart, Inc. and one of its employees, closing the door on a civil lawsuit brought by another worker injured in a late-night accident at a company distribution center. For HR leaders, the case is a sharp reminder of how workers' compensation, once accepted, can block other claims and how off-duty injuries on company property can still get pulled into the workers' comp system.
The case began with an October 2, 2024 incident at a Walmart distribution center. At around 9:46 p.m., employee Phillip Duke was jogging in the facility's parking lot. He said he was off duty at the time. Fellow Walmart employee Qeon Gray was operating a tractor-trailer in the course of his job when the vehicle struck Duke, causing injuries.
A couple of months later, on December 12, 2024, Duke sued both Walmart and Gray in Pike Circuit Court in Alabama. He accused Walmart of negligence and wantonness, as well as negligent hiring, training, supervision and retention, and he relied on vicarious liability theories tied to Gray's actions.
Against Gray, he also tried to proceed under Alabama's co-employee liability provisions, which allow suits in narrow circumstances when one employee's conduct toward another is considered...
A bitter legal battle at JPMorgan Chase has taken another dramatic turn after executive Lorna Hajdini filed a defamation lawsuit against former banker Chirayu Rana, accusing him of making up false...