Opinion

McDuffie v. Roscoe

  • 679 So. 2d 641
  • 1996 WL 197216
Court
Supreme Court of Alabama
Filed
Apr 19, 1996
Status
Published
Author
Houston
On the bench
Houston, Maddox
Cited by
12 cases
Authority
More cited than 15.1%

holding that various ALDOT engineers and inspectors sued for negligently allowing a dangerous drop-off to exist on the shoulder of a road were entitled to discretionary-function immunity under Grant

How later courts described this case

  • holding that various ALDOT engineers and inspectors sued for negligently allowing a dangerous drop-off to exist on the shoulder of a road were entitled to discretionary-function immunity under Grant
  • State Department of Transportation employees were entitled to discretionary-function immunity in an action in which the plaintiff alleged that the resurfacing of a public roadway had caused a dangerous drop-off to exist and the Department’s employees had failed to post signs warning of the condition
  • estate of person killed as a result of defectively maintained road shoulder could not sue employees of Department of Transportation

Written by the judges who cited it.

The opinion

In Taylor v. Shoemaker , 605 So.2d 828 (Ala. 1992), a case relied on by the defendants, I dissented and asked: "Where is the discretion?" 605 So.2d at 834-35 . In today's case, I easily recognize the discretion.

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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