TAYLOR v. SHOEMAKER

1901748, 1901804.

605 So.2d 828 (1992)

Millicent B. TAYLOR, et al. v. Billy S. SHOEMAKER, et al. Billy S. SHOEMAKER, et al. v. Millicent B. TAYLOR, et al.

Supreme Court of Alabama.

September 11, 1992.


Attorney(s) appearing for the Case

Stanley E. Munsey of Munsey, Ford & Heflin, Tuscumbia, for appellants/cross-appellees.

Jerry L. Weidler, Counsel, State of Ala. Highway Dept., Montgomery, for appellees/cross-appellants.

James H. Evans, Atty. Gen., and Robert M. Weinberg, Asst. Atty. Gen., for amici curiae Atty. Gen. and State Departments, Boards & Agencies.

Kendrick E. Webb and Bart Harmon of Webb, Crumpton, McGregor, Davis & Alley, Montgomery, for amicus curiae Ala. Sheriffs' Ass'n.

Mark Williams, Montgomery, for amicus curiae Ala. State Employees Ass'n.


ON APPLICATION FOR REHEARING

MADDOX, Justice.

The original opinion released in this case on January 24, 1992, in which a majority of the Justices on this Court determined that the defendant State Highway Department officials were not immune from suit because they were not engaged in a discretionary function, is withdrawn, and the following opinion is substituted in lieu thereof.

Millicent B. Taylor was driving an automobile along U.S. Highway 72...

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