Peddycoart v. City of Birmingham

In an earlier decision in this case this Court reversed the trial court, which had granted a motion to dismiss, and the case was remanded. Peddycoart v. City of Birmingham, Ala.,354 So.2d 808 (1978). It is before us once again following a directed verdict for the defendant.

We quote from the appellants' brief for the two issues they present and which we will address:

I

Should this Court establish or allow a cause of action in this state based on Restatement of Torts, 2nd Edition, Section 46, whereby plaintiffs claim severe emotional distress and mental anguish from which they were caused to…