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COX v. CITY OF BIRMINGHAM

86-1302, -1303.

518 So.2d 1262 (1987)

Daryl Dewayne COX, By and Through his father and next friend, Dan T. COX, Sr.; and Dan T. Cox, Sr., individually, v. CITY OF BIRMINGHAM.

Supreme Court of Alabama.

December 23, 1987.

Attorney(s) appearing for the Case

W. Lee Pittman, Birmingham, for appellants.

Herbert Jenkins, Jr., City Atty., Birmingham, for appellee.

PER CURIAM.

The Issues Presented

I. Does the pro tanto release of the policeman driver and agent of the City of Birmingham release the city in regard to a cause of action based on the doctrine of respondeat superior? We respond in the negative and reverse.

II. Does the amendment alleging independent acts of negligence against the city, based on the doctrine of joint tort-feasors, relate back to the filing of the original cause of action...

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