TOLBERT v. TOLBERT

1030434.

903 So.2d 103 (2004)

Darryl TOLBERT, individually and as personal representative of the estate of Steven L. Tolbert, a deceased minor v. Candis TOLBERT, as administrator of the estate of Anna Jane Key, deceased.

Supreme Court of Alabama.

Rehearing Denied December 17, 2004.


Attorney(s) appearing for the Case

Myron K. Allenstein and Rose Marie Allenstein of Allenstein & Allenstein, Gadsden, for appellant.

Mark D. Hess of Haskell Slaughter Young & Rediker, L.L.C., Birmingham; and Hugh C. Harris of Bland, Harris & McClellan, P.C., Cullman, for appellee.

Joana S. Ellis of Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery; and Samuel H. Franklin of Lightfoot, Franklin & White, LLC, Birmingham, for amicus curiae Alabama Defense Lawyers Association, in support of the appellee.

Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for amici curiae Alfa Mutual Insurance Company and Alabama Civil Justice Reform Committee, in support of the appellee.

F. Lane Finch, Jr., and Michael C. Skotnicki of Haskell Slaughter Young & Rediker, LLC, Birmingham, for amicus curiae Occidental Fire & Casualty Company of North Carolina, in support of the appellee.


HARWOOD, Justice.

The father of a minor son killed in a motor-vehicle accident while a passenger in an automobile operated by his maternal grandmother, who was also killed in the collision, appeals from a summary judgment entered in favor of the grandmother's estate in the father's wrongful-death action. We affirm.

Steven Tolbert was the 14-year-old son of Darryl Tolbert and Candis Tolbert, who were divorced. Although Darryl had been awarded legal custody...

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