EX PARTE WHARTON

1011935.

852 So.2d 113 (2002)

Ex parte James B. WHARTON. (In re Ricky Dunn and Sally Clark Hammonds, as personal representatives and co-adminstrators of the estate of Jan Parks Dunn, deceased v. James B. Wharton et al.)

Supreme Court of Alabama.

November 27, 2002.


Attorney(s) appearing for the Case

Rebecca A. Walker, Gadsden, for petitioner.

Michael L. Roberts of Cusimano, Keener, Roberts, Kimberley & Miles, P.C., Gadsden; and James R. Berry of Berry & Associates, Albertville, for respondents.


PER CURIAM.

PETITION DENIED. NO OPINION.

MOORE, C.J., and SEE, LYONS, JOHNSTONE, HARWOOD, and WOODALL, JJ., concur.

HOUSTON, BROWN, and STUART, JJ., dissent.

HOUSTON, Justice (dissenting).

On April 26, 1994, what is now Ala.Code 1975, § 6-5-338(a) became law. On December 28, 1999, James B. Wharton, an Alabama state trooper, while performing his assigned duties as a state trooper, was involved in an accident that caused the death...

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