Hammond v. Realty Leasing, Inc.

Two minor children of Marlin E. Hammond, while playing in a vacant lot without the invitation of the defendant property owner, drowned in a pond. The plaintiff's original complaint, alleging simple negligence, was dismissed with leave to amend within ten days by the Houston Circuit Court. Instead of pursuing his option to amend, the plaintiff perfected appeal to this court. On February 25, 1977, this court affirmed the dismissal. Hammond v. Realty Leasing, Inc., 342 So.2d 915 (Ala. 1977).

On March 10 the plaintiff filed a petition to amend the original complaint, asserting defendant's wanton…