502 So. 2d 683

Martha Clara WALRATH, as Administratrix of the Estate of Eugene Joseph Walrath, deceased v. HOSPITAL AUTHORITY OF the CITY OF HUNTSVILLE.

84-1237.

Supreme Court of Alabama.

Sept. 19, 1986.

Rehearing Denied Jan. 30, 1987.

Stephen D. Heninger of Hare, Wynn, Newell & Newton, Birmingham, for appellant.

Donna S. Pate and Stanley Rodgers of Ford, Caldwell, Ford & Payne, Huntsville, for appellee.

ADAMS, Justice.

Martha Clara Walrath, as administratrix of the estate of her deceased husband, brought a wrongful death action in the Circuit Court of Madison County. The defendant, the Hospital Authority of the City of Huntsville, moved for dismissal of the action pursuant to the tort liability immunity conferred by § 22-21-137, Code of Alabama (1975). Following oral argument on the motion, which included debate of the constitutionality of § 22-21-137, the trial court granted defendant’s motion.

On the authority of Chandler v. Hospital Authority of the City of Huntsville, 500 So.2d 1012 (Ala.1986), this case is reversed and remanded.

REVERSED AND REMANDED.

TORBERT, C.J., and JONES, SHORES and STEAGALL, JJ., concur.

Walrath v. Hospital Authority of the City of Huntsville
502 So. 2d 683

Case Details

Name
Walrath v. Hospital Authority of the City of Huntsville
Decision Date
Sep 19, 1986
Citations

502 So. 2d 683

Jurisdiction
Alabama

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