Benson v. City of Birmingham

This is the second appeal in this wrongful death case. SeeCity of Birmingham v. Benson, 631 So.2d 902 (Ala. 1993).

The primary issue is whether the $100,000 damages cap on municipal liability found in Ala. Code 1975, § 11-93-2, is applicable to indemnity claims under Ala. Code 1975, § 11-47-24. We hold that the $100,000 cap is applicable to claims that seek to have municipalities indemnify their negligent employees.

The facts relative to this appeal are substantially as follows. On January 8, 1993, the Circuit Court of Jefferson County entered a judgment on a jury verdict against the City of…