Ex parte City of Muscle Shoals, In re: Harden

Supreme Court of Alabama

Colbert County | 257 So. 3d 850 | Feb. 23, 2018


Court Upholds City of Muscle Shoals' Claim to Immunity Over Gattman Park Injury

Reginald M. Harden suffered injuries after falling through a grate at Gattman Park, owned by the City of Muscle Shoals. Asserting the City's negligence, Harden sued. The City sought a summary judgment, emphasizing their municipal immunity and clarifying they weren't liable under the Workers' Compensation Act, as they weren't Harden's employer. The trial court approved the City's position on the Workers' Compensation Act but denied their immunity claim. Consequently, the City petitioned for a writ of mandamus.

In reviewing, the court emphasized past cases where municipalities were granted immunity through mandamus petitions. Despite Harden's arguments, the court stressed the City's immunity under § 11-47-190. Harden's reliance on common-law exceptions was deemed inappropriate in this context. The court determined that Harden didn't provide significant evidence against the City's immunity claim, and thus found the trial court's denial of the City's motion incorrect. Consequently, the City's petition was granted, supporting their immunity and instructing the trial court to uphold the City's motion for a summary judgment.

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