McElrath v. Alabama Power Co.

MADDOX, Justice.

The plaintiff appeals from a summary judgment for the defendant, Alabama Power Company.

This suit was filed against Alabama Power and several fictitiously named defendants on February 6, 1989. The plaintiffs are the administratrixes of the estates of four minors who drowned in Hatchett Creek below a dam owned by Alabama Power. Plaintiffs’ cause of action is based entirely upon Restatement (Second) of Torts § 339 (1965), and they claim that they presented the evidence necessary to support a cause of action under § 339 and that the trial court, therefore, erred in entering…