Langston v. Lowry (Ex parte Blunt)
Decision Date | 06 December 2019 |
Docket Number | 1180372 |
Citation | 303 So.3d 125 |
Parties | EX PARTE Sonia BLUNT (In re: Matthew Langston, a minor child, and Joshua Langston, a minor child, by and through their father and next friend, Keith Langston v. Patsy Lowry et al.) |
Court | Alabama Supreme Court |
Mark S. Boardman and Daniel P. Ogle of Boardman, Carr, Petelos, Watkins & Ogle, P.C., Chelsea, for petitioner.
J. Michael Comer of Patterson Comer Law Firm, Northport, for respondents.
Sonia Blunt, a teacher in the Tuscaloosa City Schools system ("TCS"),1 petitions this Court for a writ of mandamus directing the Tuscaloosa Circuit Court to enter a summary judgment in her favor on the basis of State-agent immunity as to claims asserted against her by Keith Langston, as next friend and father of Joshua Langston and Matthew Langston, minors at the time the action was filed.2 We grant the petition.
On June 28, 2010, Marcus Crawford was a student in Blunt's "credit-recovery" class offered by TCS at Northridge High School ("Northridge") during the summer of 2010. According to TCS's 2009-2010 "Student/Parent Resource Guide and Code of Student Conduct" ("resource guide"), the credit-recovery program Students had to meet certain qualifications to be eligible for the credit-recovery program, but the program was voluntary, not a requirement, for eligible students.
On June 28, 2010, at approximately 11:14 a.m., Crawford informed Blunt that he had completed his course work for that day. According to Blunt, she did not speak to Crawford and when he left the classroom she did not know where he was going. Crawford's version of events is markedly different. In an affidavit, Crawford stated: During his criminal trial stemming from the accident that underlies this case, Crawford expanded on this testimony:
Blunt adamantly denies that she asked Crawford to pick up lunch for her at McDonald's. She notes that Crawford's testimony was contrary to testimony at Crawford's criminal trial from fellow students Jestin White and Jessica White, who stated that Jestin White was the one who asked Crawford to go to McDonald's to get lunch. Blunt adds that, in his statement to police two days after the accident, Crawford made no mention of being asked by Blunt to go to McDonald's.
It is undisputed that Crawford went to his vehicle in the Northridge parking lot along with several companions and that he drove to McDonald's and ordered food. According to Crawford and Jessica White, Crawford then drove his vehicle back in the direction of Northridge. Crawford testified that it took longer to get the food from McDonald's than he thought it would and that he was in a hurry to get back to the school campus because Blunt had told him to be gone no more than 5 or 10 minutes. Approximately one mile from the Northridge campus, on a two-lane public road, Crawford attempted to pass a vehicle in front of him by crossing a double-yellow center line and driving in the oncoming lane of traffic. In doing so, Crawford collided with a vehicle driven by Susan Kines Langston, a TCS teacher, in which Matthew Langston and Joshua Langston were passengers. Susan Langston was killed in the accident, and Matthew and Joshua were seriously injured and eventually had to be life-flighted to Children's Hospital in Birmingham.
Crawford was charged, tried, and convicted of reckless manslaughter for his actions in causing Susan Langston's death. He was sentenced to five years and nine months in prison.
On December 5, 2012, Keith Langston, as father and next friend of Matthew and Joshua, filed the present action in the Tuscaloosa Circuit Court against Blunt and Patsy Lowry, another TCS teacher who was an instructor at Northridge during the summer of 2010. Langston asserted claims of negligence and wantonness against Blunt and Lowry for failing to follow the "policies and procedures" of TCS, which failure allegedly proximately caused the injuries sustained by Matthew and Joshua Langston.3
On November 16, 2016, Blunt and Lowry filed a summary-judgment motion and supporting evidentiary materials in which they asserted that they were entitled to State-agent immunity for all claims asserted against them in their individual capacities. On November 30, 2016, Langston filed a response in opposition to the summary-judgment motion. In that response, Langston contended, among other things, that Blunt and Lowry were not entitled to State-agent immunity because, he argued, they had violated detailed rules and regulations of TCS. On December 1, 2016, Blunt and Lowry filed a reply to Langston's response.
On the same date, Lowry and Blunt filed a "Motion to Strike Portions of [Langston's] Evidentiary Submissions." In that motion, Lowry and Blunt asked the trial court to strike portions of testimony from various witnesses as well as several of Langston's document submissions. One of those documents was titled "Northridge High School Faculty Handbook" ("the faculty handbook"). In their December 1, 2016, motion to strike, Lowry and Blunt contended that the faculty handbook "does not qualify as admissible evidence under the business records exception to the hearsay rule, has not otherwise been properly authenticated, and [Langston has] not otherwise laid a proper predicate for the admissibility of this document."
The next submission in this case occurred on January 28, 2018, when Langston filed a supplement to evidentiary submissions and an amended response to the summary-judgment motion. Langston's amended response was identical to his original response, except that it added a contention that Alabama's Administrative Code dictated that a school year consisted of both the regular academic year and the summer-school session that followed the academic year. On January 30, 2018, Lowry and Blunt responded to Langston's argument based on the Alabama Administrative Code.4
On January 31, 2018, the trial court held a hearing on Lowry and Blunt's summary-judgment motion. On January 7, 2019, the trial court entered an order granting Lowry and Blunt's motion to strike certain portions of testimony from various witnesses but denying Lowry and Blunt's motion to strike the faculty handbook, concluding that "[q]uestions relating to the Faculty Handbook go to weight to be given the document rather than its admissibility." The trial court also entered a summary judgment in favor of Lowry as to all claims asserted against her. With respect to Blunt, the trial court concluded:
(Capitalization in original.)
Blunt timely petitioned this Court for a writ of mandamus challenging the trial court's denial of her motion for a summary judgment.
Ex parte Turner, 840 So. 2d 132, 135 (Ala. 2002) (quoting Ex parte Rizk, 791 So. 2d 911, 912–13 (Ala. 2000) ). A writ of mandamus is an extraordinary remedy available only when...
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...case, a court " ‘ "will accord the nonmoving party all reasonable favorable inferences from the evidence." ’ " Ex parte Blunt, 303 So. 3d 125, 131 (Ala. 2019) (quoting Ex parte Turner, 840 So. 2d 132, 135 (Ala. 2002), quoting in turn Ex parte Rizk, 791 So. 2d 911, 912 (Ala. 2000) ). Taylor ......
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Taylor v. Hanks
...case, a court " ' "will accord the nonmoving party all reasonable favorable inferences from the evidence." ' " Ex parte Blunt, 303 So. 3d 125, 131 (Ala. 2019) (quoting Ex parte Turner, 840 So. 2d 132, 135 (Ala. 2002), quoting in turn Ex parte Rizk, 791 So. 2d 911, 912 (Ala. 2000)).Page 6 Ta......
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...however, the denial of a summary-judgment motion grounded on immunity is reviewable by a petition for the writ of mandamus. Ex parte Blunt, 303 So.3d 125 (Ala. 2019). This Court reviews a summary judgment de novo, and we use same standard used by the trial court to determine whether the evi......