STOUT v. CUMSE

2070283.

3 So.3d 878 (2008)

Jerry STOUT and Jose Mills v. Michael Anthony CUMSE and Colbert County.

Court of Civil Appeals of Alabama.

August 15, 2008.


Attorney(s) appearing for the Case

Daniel G. McDowell and Brian Hamilton of McDowell, Beason & Hamilton, P.C., Russellville, for appellants.

Kendrick E. Webb, Bart G. Harmon, and Winthrop E. Johnson of Webb & Eley, P.C., Montgomery, for appellees.


PER CURIAM.

The plaintiffs, Jerry Stout and Jose Mills, appeal from the trial court's dismissal of their action against the defendants, Michael Anthony Cumse and Colbert County ("the County"). We reverse and remand.

The plaintiffs sued Cumse and the County, alleging claims of negligence and wantonness. The plaintiffs' complaint alleged, in pertinent part:

"6. On or about November 10, 2005, upon a public street or highway, ... Cumse[] negligently and...

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