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GOWENS v. TYS. S. EX REL. DAVIS

1041341 and 1041413.

948 So.2d 513 (2006)

Kenneth GOWENS v. TYS. S. and Tyr. S., by and through their grandmother and next friend Goldia DAVIS. Tys. S. and Tyr. S., by and through their grandmother and next friend Goldia Davis v. Charity Rose.

Supreme Court of Alabama.

Rehearing Denied July 21, 2006.

Attorney(s) appearing for the Case

Larry B. Childs of Waller Lansden Dortch & Davis, LLC, Birmingham; and Alan M. Warfield of Walston, Wells & Birchall, LLP, Birmingham, for appellant Kenneth Gowens.

G. Courtney French and Michael D. Petway of Fuston, Petway & French, L.L.P., Birmingham, for appellees/cross-appellants Tys. S. and Tyr. S., by and through their grandmother and next friend Goldia Davis.

Troy King, atty. gen., and Kevin C. Newsom, deputy atty. gen., and Scott Rouse, asst. atty. gen.; Sharon E. Ficquette, James E. Long, and Felicia M. Brooks, asst. atty. gen., Department of Human Resources; Courtney Tarver, Department of Mental Health & Mental Retardation; William Samford and Dudley Perry, Alabama Department of Youth Services, for amici curiae Alabama Department of Human Resources, Alabama Department of Mental Health & Mental Retardation, and Alabama Department of Youth Services, in support of Kenneth Gowens and Charity Rose.

WOODALL, Justice.

These appeals arise out of an action by Tys. S. and her sister, Tyr. S., by and through their paternal grandmother and next friend Goldia Davis (sometimes referred to as "the plaintiffs"), against Kenneth Gowens and Charity Rose — employees of the Jefferson County Department of Human Resources ("the JCDHR") — alleging that they were injured as the result of Gowens and Rose's failure to act properly on a report of suspected child abuse...

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