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BENSON v. CITY OF BIRMINGHAM

1930983.

659 So.2d 82 (1995)

Frederick B. BENSON, Individually and as Father of Blair Giles Benson, a Deceased Minor Child v. CITY OF BIRMINGHAM, et al.

Supreme Court of Alabama.

April 14, 1995.

Attorney(s) appearing for the Case

D. Leon Ashford, Scott A. Powell and Bruce J. McKee of Hare, Wynn, Newell & Newton, Birmingham, for appellant.

Donald V. Watkins of Donald V. Watkins, P.C., Demetrius Newton, Thomas Bentley III and John M. Edens, City of Birmingham Law Dept., and Kenneth L. Thomas of Thomas, Means, & Gillis, P.C., Birmingham, for appellees.

James H. Evans, Atty. Gen., and Marc Givhan, Deputy Atty. Gen., amicus curiae, for State of Ala.

ALMON, Justice.

This is the second appeal in this wrongful death case. See City of Birmingham v. Benson, 631 So.2d 902 (Ala.1993).

The primary issue is whether the $100,000 damages cap on municipal liability found in Ala.Code 1975, § 11-93-2, is applicable to indemnity claims under Ala.Code 1975, § 11-47-24. We hold that the $100,000 cap is applicable to claims that seek to have municipalities indemnify...

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