Legal Opinion

McCain v. City of Jasper (In re Gilland)

Supreme Court of Alabama

Decided September 28, 2018No. 1170642Published

1Opinion of the Court

BRYAN, Justice.

Teresa Gilland petitions this Court for a writ of mandamus directing the Walker Circuit Court ("the trial court") to grant her motion to dismiss the claims filed against her by Diane K. McCain on the basis of State-agent immunity. For the reasons set forth herein, we grant the petition and issue the writ.

Facts and Procedural History

On May 29, 2015, McCain, a resident of Jasper, was attacked and bitten by a German Shepherd dog owned by her neighbor, Robert Barton. On January 4, 2017, McCain sued Barton; the City of Jasper ("the City"); Sonny Posey, then mayor of the City; Joe…

2Cases cited24 opinions

  1. Ex Parte CranmanSupreme Court of Alabama · 2000
  2. Ex Parte United Service Stations, Inc.Supreme Court of Alabama · 1993
  3. Oxford Asset Mgmt. Ltd. v. Michael JaharisCourt of Appeals for the Eleventh Circuit · 2002
  4. Ex Parte ButtsSupreme Court of Alabama · 2000
  5. Nance by and Through Nance v. MatthewsSupreme Court of Alabama · 1993

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