SUTTLES v. ROY

1071453.

75 So.3d 90 (2010)

Jerry Wayne SUTTLES and City of Homewood v. Eldetraud "Trudy" ROY.

Supreme Court of Alabama.

As Modified on Denial of Rehearing July 22, 2011.


Attorney(s) appearing for the Case

Timothy P. Donahue and A. Donald Scott, Jr. , of Donahue & Associates, LLC, Birmingham, for appellant Jerry Wayne Suttles.

Thomas S. Hale and Terry A. Sides of Burgess & Hale, L.L.C., Birmingham, for appellant City of Homewood.

Rip Andrew and Alan B. Lasseter of Marsh, Rickard & Bryan, P.C., Birmingham, for appellee.

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

George W. Royer, Jr. , and Scott W. Faulkner of Lanier Ford Shaver & Payne, P.C., Huntsville, for amicus curiae City of Huntsville, in support of the appellants.

Alex L. Holtsford, Jr. , Rick A. Howard , and April W. McKay of Nix Holtsford Gilliland Higgins & Hitson, P.C., Montgomery; and David A. McDowell of McDowell, Faulk & McDowell, LLC, Prattville, city atty., City of Prattville; Art Elsner, city atty., City of Millbrook; Richard Manley of Manley Trager Perry & Stapp, Demopolis, city atty., City of Demopolis; and Jimmy Nunn , city atty., City of Selma, for amici curiae City of Prattville, City of Demopolis, City of Selma, and City of Millbrook, in support of the appellants.

Rocco J. Leo and Horace V. O'Neal, Jr. , of Leo & O'Neal, Birmingham, for amicus curiae Alabama Association of Police Chiefs, in support of the appellants.

Dan Warnes of Warnes & Logan, Guntersville, for amicus curiae City of Guntersville, in support of the appellants.


SHAW, Justice.

The City of Homewood ("Homewood") and Jerry Wayne Suttles, a police officer employed by Homewood, appeal by permission, in accordance with Rule 5, Ala. R.App. P., from the denial of their motion for a summary judgment in a personal-injury action filed by Eldetraud "Trudy" Roy. We affirm in part, reverse in part, and remand.

Facts and Procedural History

According to the complaint, in May 2006 Roy was walking along Central Avenue...

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