Stout v. Cumse

The plaintiffs, Jerry Stout and Jose Mills, appeal from the trial court’s dismissal of their action against the defendants, Michael Anthony Cumse and Colbert County (“the County”). We reverse and remand.

The plaintiffs sued Cumse and the County, alleging claims of negligence and wantonness. The plaintiffs’ complaint alleged, in pertinent part:

“6. On or about November 10, 2005, upon a public street or highway, ... Cumse[ ] negligently and/or wantonly caused [or] allowed the vehicle in which [the] plaintiffs were passengers to collide with another vehicle.

“7. At the time of the motor vehicle…