Ex Parte Kelley

PETITION FOR WRIT OF MANDAMUS

The sole issue presented by this petition for extraordinary relief is whether certain employees of the Alabama Department of Transportation ("ALDOT"), who are defendants in an action pending in the Barbour Circuit Court, are entitled to discretionary-function immunity under the provisions of § 14, Ala. Const. 1901.

After the trial court denied these defendants' motion for summary judgment and also refused to make the statement required under Rule 5, Ala.R.App.P., to authorize them to ask permission to appeal, these defendants filed this petition for a writ of…