Enterprise City Bd. of Ed. v. Miller

This appeal arises from an action for wrongful death of a 6-year-old child who was struck and killed by a school bus owned and operated by the Enterprise City Board of Education. The Board filed a motion for summary judgment claiming immunity from suit. The trial court denied the motion but certified its interlocutory order to allow this appeal pursuant to ARAP 5.

The sole issue presented is whether city boards of education are subject to suit in tort actions after this court's decision in Jackson v. City of Florence, 294 Ala. 592, 320 So.2d 68 (1975), as the plaintiff contends, or whether…