Lyons v. River Road Constr., Inc.

James K. Lyons, in his official capacity as director of the Alabama State Port Authority1 ("the port authority"), petitioned this Court, pursuant to Rule 5, Ala.R.App.P., for permission to appeal from the trial court's denial of his motion to dismiss a case pending below based upon the doctrine of State immunity provided in Art. I, § 14, Alabama Constitution of 1901.2 We granted permission to appeal, and we reverse and remand.

I. Facts and Procedural History

On September 10, 1998, the port authority contracted with Ben Radcliff Contractor, Inc. ("Radcliff"), to construct a liquid-bulk terminal…