Drain v. Odom

Martha Ann Drain and her husband John Drain sued Oscar David Odom, a deputy sheriff, alleging that Deputy Odom had negligently and/or wantonly operated his motor vehicle so as to cause an automobile accident in which Mrs. Drain was injured. Deputy Odom moved for a summary judgment, contending that he was immune from suit. The trial court granted Deputy Odom's motion, noting:

"It is undisputed that at the time of the accident in this case the defendant, Oscar David Odom, was in the performance of his duties as a deputy sheriff for Jefferson County, Alabama, and was investigating burglaries. In…