Estate of deceased motorist brought wrongful-death action against city and firefighter employed by city.
The Circuit Court denied defendants’ motion for summary judgment based on State-agent immunity. Defendants filed petition for writ of mandamus.
The Supreme Court of Alabama held that firefighter was not entitled to State-agent immunity.
City firefighter was not entitled to State-agent immunity from wrongful-death suit arising from automobile accident that occurred after firefighter had stopped at grocery store while exploring and identifying fire rescue routes for city; firefighter’s actions were routine actions requiring exercise of due care.