Ex Parte Estate of Reynolds

Charles Cole, a defendant in an action pending in the Bullock Circuit Court, petitions for a writ of mandamus directing Judge Bernard Smithart of the Bullock Circuit Court to enter a summary judgment in his favor on the basis of State-agent immunity. The estate of Johnny Reynolds also petitions for a writ of mandamus directing Judge Smithart to enter a summary judgment in its favor on the basis that Johnny Reynolds was entitled to State-agent immunity. We grant the petition and issue the writ.

Facts and Procedural Background

On June 5, 2002, Marquez Miles was driving along U.S. Highway 82 in…