Seals v. City of Columbia
Decision Date | 25 January 1991 |
Citation | 575 So.2d 1061 |
Parties | Robert Hence SEALS, individually and as administrator of the Estate of Misty Michelle Seals, deceased v. CITY OF COLUMBIA and Stanley E. Cook. 1900033. |
Court | Alabama Supreme Court |
Patrick M. Lavette of Hare, Wynn, Newell & Newton, Birmingham, for appellant.
Herman Cobb of Buntin, Cobb & Shealy, Dothan, for appellees.
Robert Hence Seals, individually and as the administrator of his daughter's estate, sued the City of Columbia and one of its police officers, Stanley E. Cook, alleging, in pertinent part, as follows:
The trial court granted the defendants' motion to dismiss on the ground that Seals's complaint failed to state a claim upon which relief could be granted. The pertinent portion of the trial court's order is as follows:
Seals appealed. We reverse and remand.
The standard of review applicable to motions to dismiss is well settled:
Fontenot v. Bramlett, 470 So.2d 669, 671 (Ala.1985). (Emphasis in original.)
The defendants contend that the trial court correctly dismissed Seals's complaint. They argue that in order to state a claim upon which relief could be granted, Seals had to specifically allege that Officer Cook's vehicle came into contact with the vehicle in which his daughter was riding or that Officer Cook otherwise "directly" caused his daughter's death.
Seals contends that his complaint was sufficient to state a claim upon which relief could be granted. He argues that it was premature for the trial court to enter a judgment for the defendants as a matter of law. We agree.
In Madison v. Weldon, 446 So.2d 21 (Ala.1984), this Court held that, in the absence of proof of a lack of due care on the part of a police officer in operating his vehicle, a causal...
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