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McDUFFIE v. ROSCOE

1941112.

679 So.2d 641 (1996)

Terry L. McDUFFIE, et al. v. George ROSCOE, Jr., as personal representative of the Estate of George Twiller Roscoe, deceased.

Supreme Court of Alabama.

Rehearing Denied August 30, 1996.

Attorney(s) appearing for the Case

Jerry L. Weidler and Pamela R. Scott, State of Alabama Department of Transportation, Montgomery, for Appellants.

Larry U. Sims and Joseph P.H. Babington of Helmsing, Lyons, Sims & Leach, P.C., Mobile, and Joseph W. Hutchinson III, Butler, for Appellee.

MADDOX, Justice.

This interlocutory appeal involves a single issue: Whether employees of the State Department of Transportation are entitled to substantive or discretionary function immunity under the particular facts of this case.

The plaintiff, George Roscoe, Jr., as personal representative of the estate of his son, George Twiller Roscoe, filed a wrongful death action against certain employees of the State Department of Transportation. He alleged that his...

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