# Cook v. County of St. Clair

> Supreme Court of Alabama · April 4, 1980 · 384 So. 2d 1

URL: https://www.frixlaw.com/law-library/cases/9935628

## Case

- **Full name:** Bobby D. Cook, as Administrator, Etc. v. County of St. Clair Corinda Bradshaw v. Houston County, Alabama, Etc.
- **Court:** Supreme Court of Alabama
- **Decided:** April 4, 1980
- **Citations:** 384 So. 2d 1
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Faulkner, Maddox, Torbert
- **Cited by:** 29 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/9935628

## Opinion text

The defendants' application for rehearing prompts the following observation regarding our opinion in this case: Counties are amenable to suit in tort under Code of Alabama, 1975, § 11-1-2 . Because counties, as bodies corporate, act through their governing bodies, the county commissioners, those commissioners likewise are subject to suit in tort, not in their individual capacities but only in their official capacities. The defense of governmental immunity is no longer available in such suits. Cf. Hudson v. Coffee County , 294 Ala. 713 , 321 So.2d 191 (1975).
This order on rehearing applies only to 78-623, Cook v. County of St. Clair. There was no application for rehearing filed in 78-776, Bradshaw v. Houston County.
OPINION EXTENDED; APPLICATION FOR REHEARING OVERRULED.
MADDOX, FAULKNER, JONES, ALMON, SHORES and BEATTY, JJ., concur.
TORBERT, C.J., dissents.
BLOODWORTH and EMBRY, JJ., not sitting.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9935628. Public record. Not legal advice.