Legal Opinion
Diemert v. City of Mobile
Supreme Court of Alabama
Decided July 3, 1985No. 83-1202PublishedCited by 27 opinions
1Opinion of the Court
This is an appeal from a summary judgment in a wrongful death case against the City of Mobile granted on the ground that the complaint, although filed within six months, failed to comply substantially with the claims statutes. We reverse and remand.
On April 13, 1980, eight-year-old Angela Diemert fell into a flooded drainage ditch in Mobile, was swept by the current into a large culvert, and drowned.
On July 25, 1980, Angela's father, Howard Diemert, filed a complaint on Angela's behalf against the City of Mobile, and others, seeking damages for her wrongful death. Subsequently, the City moved…
2Cases cited6 opinions
- Browning v. City of GadsdenSupreme Court of Alabama · 1978
- Benton v. City of MontgomerySupreme Court of Alabama · 1917
- City of Anniston v. RosserSupreme Court of Alabama · 1963
- Ex Parte City of HuntsvilleSupreme Court of Alabama · 1984
- Eason v. City of HuntsvilleSupreme Court of Alabama · 1977
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Elmore County Com'n v. RagonaSupreme Court of Alabama · 1989
- Wheeler v. GeorgeSupreme Court of Alabama · 2009
- Campione v. SodenSupreme Court of New Jersey · 1997
- Perry v. City of BirminghamSupreme Court of Alabama · 2005
- S.C.W. v. C.B.Supreme Court of Alabama · 2001
22 more not listed; retrieve them via the Exa API.