Ex Parte Jerome Coleman and City of Birmingham (in Re Eric Whatley v. James Higginbotham)

Summary

The court granted mandamus and directed the circuit court to enter summary judgment for a police officer and the City based on State-agent immunity. It held that the emergency-vehicle statute requires use of an audible signal but does not require continuous siren use, so the officer’s single siren “yelp” satisfied the statutory condition and preserved immunity. Justice Murdock concurred in the result but disagreed with that statutory interpretation and would have upheld immunity on the ground that the officer was performing a discretionary police function.