MORROW v. CALDWELL

1111359.

153 So.3d 764 (2014)

Wayne MORROW v. Shameka CALDWELL, as mother and next friend of Keandarick Russell, a deceased minor.

Supreme Court of Alabama.

March 14, 2014.


Attorney(s) appearing for the Case

Joseph Lister Hubbard, Jr. , and G. Baron Coleman of Hubbard Coleman, P.C., Montgomery, for appellant.

Blaine C. Stevens and Michael G. Strickland of Strickland & Kendall, L.L.C., Montgomery, for appellee.

Lorelei Lein , gen. counsel, Alabama League of Municipalities, for amicus curiae Alabama League of Municipalities, in support of the appellant.

J. Bentley Owens III and Syvil V. Newton of Starnes Davis Florie LLP, Birmingham; and J. Ken Thompson , gen. counsel, Jefferson County Mayors Association, Irondale, for amicus curiae Jefferson County Mayors Association, joining in brief of the Alabama League of Municipalities, in support of the appellant.

James H. Pike of Shealy, Crum & Pike, P.C., Dothan, for amicus curiae City of Ozark, in support of the appellant.

William H. Webster and Scott M. Speagle of Webster, Henry, Lyons, White, Bradwell & Black, P.C., Montgomery; Melody H. Eagan of Lightfoot, Franklin & White, LLC, Birmingham; and Sharon D. Stuart of Christian & Small, LLP, Birmingham, for amicus curiae Alabama Defense Lawyers Association, in support of the appellant.

David G. Wirtes, Jr. , and George M. Dent III of Cunningham Bounds, LLC, Mobile; Bruce J. McKee of Hare Wynn Newell & Newton, LLP, Birmingham; and Leila H. Watson of Cory Watson Crowder & DeGaris, PC, Birmingham, for amicus curiae Alabama Association for Justice, in support of the appellee.


Wayne Morrow filed a permissive appeal pursuant to Rule 5, Ala. R.App. P., from the Montgomery Circuit Court's order denying Morrow's request for a judgment declaring that the $100,000 cap on damages in § 11-47-190, Ala.Code 1975, applies to Morrow, a municipal employee who was sued in his individual capacity. We affirm the trial court...

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