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HILL v. GIORDANO

82-972.

447 So.2d 164 (1984)

Murray G. HILL, Jr., as Administrator of the Estate of John Milton Giordano, IV, Deceased, and Murray G. Hill, Jr., as Administrator of the Estate of Lewis Wayne Giordano, Deceased v. John Milton GIORDANO, Jr., as Administrator of the Estate of John Milton Giordano, III.

Supreme Court of Alabama.

Rehearing Denied March 9, 1984.

Attorney(s) appearing for the Case

Joseph M. Brown, Jr. of Cunningham, Bounds, Yance, Crowder & Brown and J. Edward Thornton of Thornton & McGowin, Mobile, for appellants. Alex T. Howard, Jr., David C. Hannan, and Celia J. Collins of Johnstone, Adams, May, Howard & Hill, Mobile, for appellee.

PER CURIAM.

Being of the opinion that any modification or abolition of the parental immunity doctrine should be left to the prerogative of the legislature, we affirm the judgment below on the authority of Owens v. Auto Mutual Indemnity Co., 235 Ala. 9, 177 So. 133 (1937).

AFFIRMED.

TORBERT, C.J., and MADDOX, ALMON, SHORES, EMBRY, BEATTY and ADAMS, JJ., concur.

FAULKNER and JONES, JJ., dissent.

JONES, Justice (dissenting).

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