Andrews v. Loftin

BRADLEY, Presiding Judge.

This appeal results from the denial of plaintiffs petition for writ of mandamus.

The plaintiff, John G. Andrews, and the defendant, James Albert Loftin, Jr., were involved in a motorcycle/automobile accident in February 1980. Mr. Andrews filed his original complaint in Mobile County District Court after determining his damages would be no greater than $5,000.

Mr. Andrews received more medical treatment following the filing of his complaint. As a result, he believed his damages would be more than $5,000.

Following a grant by the court of Mr. Loftin’s motion to dismiss,…