Williford v. Toole

On Application for Reheating

STUART, Justice.

This Court’s opinion of April 24, 2009, is withdrawn, and the following is substituted therefor.

*1180Yvonne Sumerlin petitioned this Court for a writ of mandamus directing the Jefferson Circuit Court to enter a summary judgment in her favor on the ground that she is entitled to State-agent immunity in a wrongful-death action pending against her and others. We grant the petition and issue the writ.

Facts

On Friday, September 6, 2002, the mother of Austin Taylor Terry1 admitted 12-month-old Terry, who had bruises on both sides of his face, both ears, his…