MAHARRY v. CITY OF GADSDEN

1900735.

587 So.2d 966 (1991)

Mary MAHARRY and Gerald Maharry v. CITY OF GADSDEN.

Supreme Court of Alabama.

September 6, 1991.


Attorney(s) appearing for the Case

Michael L. Roberts and Larry H. Keener of Floyd, Keener, Cusomano & Roberts, P.C., and John Edward Cunningham, Gadsden, for appellants.

George P. Ford of Ford & Hunter, P.C., Gadsden, for appellee.


MADDOX, Justice.

The issue presented in this case is whether the trial court erred in entering a summary judgment for the City of Gadsden based on a holding that "the city had no authority, right nor obligation to control, maintain or alter the roadway [where the accident occurred], nor [over] the design, striping or signing of same." Because we find that there was at least a "scintilla" of evidence that the city had control of the place of the accident, we hold that...

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