Isbell v. City of Huntsville

HEFLIN, Chief Justice.

Plaintiffs appeal from a summary judgment granted the defendant City of Huntsville. This court reverses and remands the trial court’s action.

The motion for summary judgment was before the court based on the complaint, affidavits of plaintiffs Terry and Renee Isbell and an affidavit given by Woolsey Finnell, Jr., the Engineer of Public Works for the City of Huntsville.

The facts which can be gleened from these moving papers are best highlighted by the affidavit of plaintiff Renee Isbell which reads in part:

“At approximately 8:20 p. m. on August 29, 1974, I was a passenger…