# Dunn v. Wharton

> Supreme Court of Alabama · November 27, 2002 · 852 So. 2d 113

URL: https://www.frixlaw.com/law-library/cases/7760671

## Case

- **Full name:** Ex parte James B. WHARTON. (In re Ricky Dunn and Sally Clark Hammonds, as personal representatives and co-adminstrators of the estate of Jan Parks Dunn v. James B. Wharton)
- **Court:** Supreme Court of Alabama
- **Decided:** November 27, 2002
- **Citations:** 852 So. 2d 113; 2002 Ala. LEXIS 347; 2002 WL 31664451
- **Precedential status:** Published
- **Opinion:** Dissent by Houston
- **Judges:** Brown, Harwood, Houston, Johnstone, Lyons, Moore, See, Stuart, Woodall
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7760671

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7760671. Public record. Not legal advice.