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DRAIN v. ODOM

1921367.

631 So.2d 971 (1994)

Martha Ann DRAIN and John Drain v. Oscar David ODOM.

Supreme Court of Alabama.

January 21, 1994.

Attorney(s) appearing for the Case

M. Jack Hollingsworth of Hollingsworth & Associates, P.C., Birmingham, for appellants.

Terry McElheny of Dominick, Fletcher, Yeilding, Wood & Lloyd, P.A., Birmingham, for appellee.

INGRAM, Justice.

Martha Ann Drain and her husband John Drain sued Oscar David Odom, a deputy sheriff, alleging that Deputy Odom had negligently and/or wantonly operated his motor vehicle so as to cause an automobile accident in which Mrs. Drain was injured. Deputy Odom moved for a summary judgment, contending that he was immune from suit. The trial court granted Deputy Odom's motion, noting:

"It is undisputed that...

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