Griffin v. City of Talladega

I respectfully dissent, because I do not believe the summary judgment was appropriate in this wrongful death action.

The plaintiff’s decedent, Kenneth Griffin, who was deaf, died as the result of injuries he sustained when his motor vehicle was struck by a train at the Tinney Street railroad crossing in Talladega. The passenger riding with Griffin at the time of the accident was also deaf.

The plaintiff did not sue the railroad. She sued the City of Talladega, alleging 1) that it had negligently maintained a defective public street and railroad grade crossing; 2) that it had done so with…