Carruth v. City of Etowah

FARMER, Judge.

Appellant, Edward L. Carruth (Carruth), appeals from the judgment of the trial court directing a verdict in favor of the Appellees, the City of Etowah (City), Billy Bivens (Bivens) and Zendall Baxter (Baxter).

The events giving rise to this lawsuit are as follows: On April 15, 1991, Carruth’s birthday, he and his uncle, Jessie Carruth (Jessie) spent the major portion of the day repairing the plumbing at a rental home owned by Carruth’s mother. At approximately 3 p.m., Carruth began drinking vodka. Between 7 and 9 p.m., Carruth and his uncle went to his “apartment,”1 owned by his…