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PEDDYCOART v. CITY OF BIRMINGHAM

S.C. 2552, S.C. 2662, S.C. 2731, S.C. 2356 and S.C. 2729.

354 So.2d 808 (1978)

Floyd PEDDYCOART et al., Mrs. Peggy J. Salamone, etc., Robert Lee McKinnon, Sr., etc., Roger Dale Crocker and Richard Lambert et al. v. CITY OF BIRMINGHAM.

Supreme Court of Alabama.

Rehearing Denied February 10, 1978.

Attorney(s) appearing for the Case

W. Eugene Rutledge of Rutledge, Williams, Williams & Norton, Anniston, for appellants Mrs. Peggy J. Salamone, who sues in her capacity as the mother of Michael A. Salamone, a 17-year old minor child, Robert Lee McKinnon, Sr., as Administrator of the Estate of Robert Lee McKinnon, Jr., deceased, and amicus curiae, Peggy J. Salamone as appellant in the case of Mrs. Peggy J. Salamone, who sues in her capacity as the mother of Michael A. Salamone, deceased, a 17-year old minor child v. The City of Birmingham, (appellee).

Mike W. McCormick, Birmingham, for appellant Roger Dale Crocker.

Roger M. Monroe of Jones & Monroe, Birmingham, for appellants Richard Lambert et al., and Floyd Peddycoart et al.

Milford G. Bass, Jr., Birmingham, for City of Birmingham, appellee.

BEATTY, Justice.

This is a consolidated appeal by five plaintiffs who filed tort actions against the City of Birmingham. In each case the trial court granted a motion to dismiss based upon a plea of governmental immunity under Tit. 62, § 660, Alabama Code (Recomp. 1958):

The city shall not be liable in damages for personal injuries or damage to personal property by reason of any act or omission done or omitted in the exercise of its governmental...

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