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YATES v. TOWN OF VINCENT

1911065.

611 So.2d 1040 (1992)

Joe A. YATES, et al. v. TOWN OF VINCENT.

Supreme Court of Alabama.

December 31, 1992.

Attorney(s) appearing for the Case

J. Gusty Yearout and C. Jeffery Ash of Yearout, Myers & Traylor, P.C., Birmingham, for appellants.

James R. Shaw and Jack M. Beard, Jr. of Huie, Fernambucq & Stewart, Birmingham, for appellee.

Jere L. Beasley, Michael J. Crow and Julia A. Beasley of Beasley, Wilson, Allen, Main & Crow, P.C., Montgomery, for amicus curiae Ricky Lynn Smith.

ADAMS, Justice.

Joe A. Yates, administrator of the estate of Clara Yates Phillips, deceased; Sherri and Jeffery Phillips, by and through their father and next friend, Wallace Phillips; and Wallace Phillips, individually (all hereinafter called "the plaintiffs"), appeal from a summary judgment entered in favor of the Town of Vincent in an action alleging wrongful death and personal injuries. We affirm.

On March 31, 1990, Clara Phillips was killed and Sherri...

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