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WALRATH v. HOSPITAL AUTHORITY OF THE CITY OF HUNTSVILLE

84-1237.

502 So.2d 683 (1986)

Martha Clara WALRATH, as Administratrix of the Estate of Eugene Joseph Walrath, deceased v. HOSPITAL AUTHORITY OF the CITY OF HUNTSVILLE.

Supreme Court of Alabama.

Rehearing Denied January 30, 1987.

Attorney(s) appearing for the Case

Stephen D. Heninger of Hare, Wynn, Newell & Newton, Birmingham, for appellant.

Donna S. Pate and Stanley Rodgers of Ford, Caldwell, Ford & Payne, Huntsville, for appellee.

ADAMS, Justice.

Martha Clara Walrath, as administratrix of the estate of her deceased husband, brought a wrongful death action in the Circuit Court of Madison County. The defendant, the Hospital Authority of the City of Huntsville, moved for dismissal of the action pursuant to the tort liability immunity conferred by § 22-21-137, Code of Alabama (1975). Following oral argument on the motion, which included debate of the constitutionality of § 22-21-137,...

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