MARTIN v. HARRELSON

Civ. 6507.

532 So.2d 1256 (1988)

Charles L. MARTIN v. E.L. HARRELSON and State Department of Corrections.

Court of Civil Appeals of Alabama.

August 3, 1988.


Attorney(s) appearing for the Case

Charles L. Martin, pro se.

Harry A. Lyles, Gen. Counsel and John T. Harmon, Asst. Gen. Counsel, Alabama Dept. of Corrections, Montgomery, for appellees.


PER CURIAM.

This is a negligence case.

The trial court granted the defendants' motion to dismiss the plaintiff's suit.

The plaintiff appeals. We reverse and remand in part.

The basic issue is whether the trial court erred in granting the defendants' motion to dismiss.

We first note a fundamental rule of practice and pleading—i.e., that a motion to dismiss "should be sparingly granted.... Only when it appears beyond doubt that...

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