Opinion

Dunn v. Wharton

  • 852 So. 2d 113
  • 2002 Ala. LEXIS 347
  • 2002 WL 31664451
Court
Supreme Court of Alabama
Filed
Nov 27, 2002
Status
Published
Author
Houston
On the bench
Brown, Harwood, Houston, Johnstone, Lyons, Moore, See, Stuart, Woodall
Cited by
0 cases

The opinion

HOUSTON, Justice

(dissenting).

On April 26, 1994, what is now Ala.Code 1975, § 6-5-338(a) became law. On December 28, 1999, James B. Wharton, an Alabama state trooper, while performing his assigned duties as a state trooper, was involved in an accident that caused the death of Jan Parks Dunn, the plaintiffs’ intestate.

I would grant the petition and issue the writ because Trooper Wharton had “immunity from tort liability arising out of his *114 ... conduct in performance of any discretionary function within the line and scope of his ... law enforcement duties.” Ala. Code 1975, § 6-5-338(a).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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