Ex Parte City of Montgomery Petition for Writ of Mandamus (in Re: Jessica De' Andrea v. City of Montgomery)…

Summary

The Supreme Court of Alabama denied the City's petition for a writ of mandamus seeking dismissal of De'Andrea's claims. It held that the City's statutory-immunity defense was waived as to all claims except fraudulent misrepresentation because it was not properly raised below, and that the allegations permitted the possibility of a nonintentional misrepresentation falling within a statutory exception to municipal immunity. The Court declined to review the City's remaining dismissal arguments because they were not immunity-related and the City had not shown that an appeal would be an inadequate remedy.