Supreme Court of Alabama

Ex Parte City of Muscle Shoals (in Re: Reginald M. Harden v. City of Muscle Shoals)

February 23, 2018257 So. 3d 850

Summary

The court granted the City's mandamus petition and directed the circuit court to vacate its denial of summary judgment and enter judgment for the City. It held that municipal immunity under the governing statute is reviewable by mandamus and that Harden failed to present substantial evidence bringing his injury within either statutory exception to municipal immunity. The court concluded that common-law premises-liability principles did not independently overcome the statutory immunity requirements.