Opinion · Alabama Court Opinions
WILSON v. DOTHAN CITY BOARD OF EDUCATION, 295 Ala. 61 (1975)
322 So.2d 708
- Type
- Opinion
- Court
- Alabama Court Opinions
- Jurisdiction
- Alabama
- Date
- 1975-11-06
- Topic
- general
WILSON v. DOTHAN CITY BOARD OF EDUCATION, 295 Ala. 61 (1975) 322 So.2d 708 Christine WILSON v. DOTHAN CITY BOARD OF EDUCATION and the City of Dothan. SC 1304.Supreme Court of Alabama. November 6, 1975.
Citator
UpLaw has not yet analyzed WILSON v. DOTHAN CITY BOARD OF EDUCATION, 295 Ala. 61 (1975). The absence of a flag is not a finding that it is good law.
WILSON v. DOTHAN CITY BOARD OF EDUCATION,295 Ala. 61(1975)
322 So.2d 708
Christine WILSON v. DOTHAN CITY BOARD OF EDUCATION and the City of Dothan.
SC 1304.
Supreme Court of Alabama.
November 6, 1975.
The rule of governmental immunity cannot be rationally defended and is abolished as to various governmental units.Cecil D. Jackson v. City of Florence, a Municipal Corp., etal., Sup.Ct. No. 934, Special Term, 9 ABR 1540 (1975). The rule of governmental immunity is to be abolished in the instant case but is denied to any others whose injuries occurred before the date of this opinion.Cecil D. Jackson v. City of Florence, aMunicipal Corp., et al., Sup.Ct. No. 934, Special Term, 9 ABR 1540 (1975).
Wade H. Baxley, Dothan, for the City of Dothan.
G. M. Harrison, Jr., Dothan, for Dothan City Bd. of Ed.
A city board of education is an agency, commission, board, institution or department of the state within purview of statutes giving the State Board of Adjustment the jurisdiction to consider claims for damages done by the state or any of its agencies, commissions, boards, institutions or departments.State ex rel. McQueen, Attorney General, et al. v. Brandon,244 Ala. 62,12 So.2d 319. The rule of governmental immunity is to be abolished as it applies to the appellant Jackson in the instant case and to all others suffering injury after the date of this opinion.Cecil D. Jackson v. City of Florence, aMunicipal Corporation, et al., Sup.Ct. No. 934, Special Term, 1975, 9 ABR 1540.
The Board and the City filed motions to dismiss, which motions asserted that the city board of education and the municipality were immune from liability for damages while acting within a governmental capacity.
The trial court granted the defendants' motions to dismiss and the plaintiff appealed.
The only case cited by appellant isJackson v. City ofFlorence,294 Ala. 592,320 So.2d 68, decided July 10, 1975. She concedes that, for her to prevail on this appeal, the rule of that case must be extended to cases pending at the time of deliverance of the opinion. This court, inJackson, abolished the defense of immunity for municipalities, and necessarily the agencies thereof, but limited the operation of the rule there laid down to causes of action arising on or after July 10, 1975. The decision to so limit the rule was carefully considered. We were faced with a choice of giving the new rule retrospective application, prospective application only, or so-called quasi-prospective application. We appreciated that either choice was capable of working a hardship on some, and arrived at the selection we made, because we believed it would adversely affect fewer litigants. Having made what was admittedly a difficult decision, we are not now inclined to change it.
In granting the defendants' motions to dismiss, the trial court correctly appliedPage 63the law as it existed at that time. No other assignment of error having been made, the judgment appealed from must be affirmed.
Affirmed.
BLOODWORTH, FAULKNER, JONES, ALMON and EMBRY, JJ., concur.
HEFLIN, C. J., and MERRILL and MADDOX, JJ., concur in the result.