PER CURIAM.
Texas Loss Control Systems, LLC ("TLCS"), has filed a petition seeking a writ of mandamus directing the Houston Circuit Court ("the trial court") to enter a summary judgment in favor TLCS in a wrongful-death action filed by Christy Ruiz. The Alabama Supreme Court transferred the petition to this court; we transfer the petition back to the supreme court for disposition.
The materials filed in support of or in opposition to the petition demonstrate the following facts. On July 20, 2009, Gerald Ruiz ("the employee") received severe personal injuries in an accident arising out of and in the course of his employment with Dairy Fresh of Alabama, LLC ("the employer"), when a truck driven by a co-employee struck him. On April 23, 2010, the employee and his wife, Christy, filed a civil action against the employer and several fictitiously named defendants. The employee later died, and Christy substituted herself, in her capacity as the personal representative of the employee's estate, as a plaintiff.
On March 14, 2014, TLCS filed a motion for a summary judgment; it filed an amended motion on April 15, 2014. In that motion, as amended, TLCS argued, in pertinent part, that it was immune from civil liability based on Ala.Code 1975, § 25-5-53, which, it contended, precludes civil actions against "a company ... making a safety inspection on behalf of a self-insured employer." The trial court denied the motion on June 26, 2014. TLCS filed a petition for a writ of mandamus with the Supreme Court of Alabama on August 7, 2014; that court transferred the petition to this court on August 14, 2014, stating:
(Capitalization in original.) Christy filed an answer to the petition on August 27, 2014, and the case was submitted for decision on September 2, 2014.
Because we conclude that this court lacks jurisdiction over the subject matter, we do not reach the merits of the petition. Alabama Code 1975, § 12-3-11, provides, in pertinent part:
(Emphasis added.) Alabama Code 1975, § 12-3-10, describes the appellate jurisdiction of this court to include "all appeals in workers' compensation cases." The interplay of those two statutes clearly gives this court the power to issue writs of mandamus to circuit courts in workers' compensation cases in which a final judgment could be appealed to this court.
The present petition arises from a wrongful-death action. Alabama Code 1975, § 25-5-11, authorizes the dependents of a deceased employee to file a wrongful-death action against a culpable third party and regulates the distribution of the proceeds of any recovery from that action; however, the supreme court has repeatedly held that § 25-5-11 does not create any new cause of action for wrongful death, which cause of action arises exclusively from the Wrongful Death Statute, Ala.Code 1975, § 6-5-410. See, e.g., Tucker v. Molden, 761 So.2d 996 (Ala.2000); Alabama Power Co. v. White, 377 So.2d 930 (Ala.1979); and Georgia Cas. Co. v. Haygood, 210 Ala. 56, 97 So. 87 (1923). Hence, a third-party action alleging wrongful death is not a workers' compensation case within the meaning of § 12-3-10, and this court would not have jurisdiction to hear an appeal from a judgment entered in such an action. Because this court does not have appellate jurisdiction over a wrongful-death action filed pursuant to § 25-5-11, it necessarily lacks jurisdiction
The supreme court has routinely exercised jurisdiction over petitions for a writ of mandamus in similar circumstances. For example, recently, in Ex parte Tyson Foods, Inc., 146 So.3d 1041 (Ala.2013), the supreme court accepted a petition for a writ of mandamus arising from a wrongful-death action in which the defendants argued that the trial court in that case had erred in failing to dismiss the complaint, which had been brought in error by a non-dependent. Likewise, in Ex parte Cincinnati Insurance Co., 689 So.2d 47 (Ala. 1997), the supreme court issued a writ of mandamus directing a trial court to allow a workers' compensation insurer to amend its complaint to claim punitive damages in a third-party wrongful-death action. The supreme court evidently recognized that it is the proper court to issue writs of mandamus in such cases because it has exclusive appellate jurisdiction over civil actions alleging wrongful death. See Ala.Code 1975, § 12-2-7. Given further that the supreme court has continuously exercised jurisdiction over civil actions in which a defendant has asserted immunity under Ala.Code 1975, §§ 25-5-52 and -53, see, e.g., Kruszewski v. Liberty Mut. Ins. Co., 653 So.2d 935 (Ala.1995); and Turner v. ServiceMaster, 632 So.2d 456 (Ala.1994), it follows that the supreme court has exclusive jurisdiction to issue any writ of mandamus in this case.
In Ex parte Salvation Army, 72 So.3d 1224 (Ala.Civ.App.2011), this court exercised jurisdiction over a petition for a writ of mandamus that had been transferred to this court by the supreme court. In that case, an alleged special employer argued that it was entitled to immunity from a civil action filed by an injured employee. In reviewing the matter, this court did not scrutinize its subject-matter jurisdiction. Having fully considered the issue, this court now determines that its jurisdiction to hear workers' compensation appeals did not authorize the court to issue the writ of mandamus in Ex parte Salvation Army.
This court may exercise jurisdiction over a civil action "where the amount involved ... does not exceed $50,000." Ala.Code 1975, § 12-3-10. When no judgment has been entered, this court and the supreme court determine "the amount involved" by reference to the claims in the complaint. See Prescott v. Furouzabadi, 485 So.2d 707 (Ala.1986). In this case, Christy alleges that the employee received a multitude of severe personal injuries before dying and that he died as a result of the tortious conduct of TLCS, among others. Christy demanded a jury trial and requested damages in such an amount as a jury may assess. Although Christy did not specify the amount of damages, in a wrongful-death action a dependent may recover damages for the personal injuries to the injured employee before his or her death, see Industrial Chem. & Fiberglass Corp. v. Chandler, 547 So.2d 812 (Ala. 1988), as well as punitive damages for the wrongful conduct that led to the death of the employee. Ex parte Cincinnati Ins. Co., supra. Undoubtedly, the amount in controversy exceeds the $50,000 jurisdictional limit of this court. Hence, this court may not accept jurisdiction over the petition based on the amount in controversy.
Alabama Code 1975, § 12-2-7(6), provides that the supreme court "shall have authority ... [t]o transfer to the Court of
Finding no basis in the law for this court to exercise jurisdiction over the subject matter of the petition for a writ of mandamus filed by TLCS, we hereby transfer this case back to the supreme court. See Ala.Code 1975, § 12-1-4 ("[W]hen any case is submitted to a court of appeals which should have gone to the Supreme Court, it shall be transferred to the Supreme Court.").
PETITION TRANSFERRED.
All the judges concur.