AVERY v. GENEVA COUNTY

88-1647.

567 So.2d 282 (1990)

Roger AVERY, Sr., as administrator of the Estate of Jeffrey James Avery, deceased v. GENEVA COUNTY, Geneva County Commission, and Jerry Sellers.

Supreme Court of Alabama.

Rehearing Denied August 31, 1990.


Attorney(s) appearing for the Case

Robert H. Harris of Capell, Howard, Knabe & Cobbs, Montgomery, for appellant.

Peter A. McInish of Lee & McInish, Dothan, for appellees.


HORNSBY, Chief Justice.

This is a wrongful death case. The action was filed by the deceased's father, who alleged that a Geneva County road crew released a large body of water and caused a flood and that the flood drowned his son, who was hunting downstream. The water had collected behind a beaver dam blocking two large culverts under a bridge on a county highway. The trial court entered summary judgment in favor of all the defendants, who included Geneva County,...

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