Morrow v. Caldwell ex rel. Russell

Wayne Morrow filed a permissive appeal pursuant to Rule 5, Ala. RApp. P., from the Montgomery Circuit Court’s order denying Morrow’s request for a judgment declaring that the $100,000 cap on damages in § 11-47-190, Ala.Code 1975, applies to Morrow, a municipal employee who was sued in his individual capacity. We affirm the trial court’s order.

Facts and Procedural History

In January 2009, Alice Yu sought to have Alabama Power Company (“Alabama Power”) restore electrical service in her name at a commercial building she was leasing at 1940 N. Ripley Street in Montgomery (“the premises”). Because…