Tad Brown, personal representative and/or administrator of the estate of Todd Brown, deceased v. Greater Mobile-Washington County Mental Health-Mental Retardation Board, Inc., and Alberta D. Abrams

Summary

The Alabama Supreme Court reviewed summary judgments entered for the Greater Mobile-Washington County Mental Health-Mental Retardation Board and its employee, Alberta D. Abrams, in a wrongful-death action arising from a passenger-van accident. Relying primarily on its related decision in Ex parte Greater Mobile-Washington County Mental Health-Mental Retardation Board, Inc., the court held that the Board had not established entitlement to sovereign immunity and that Abrams did not qualify for State-agent immunity. The court reversed and remanded.

Holdings

1. The Board failed to show that it was a State agency entitled to sovereign immunity under Article I, § 14, of the Alabama Constitution of 1901.
2. Because the Board was not shown to be a State agency, Abrams could not be classified as a State agent entitled to State-agent immunity.
3. The Wyatt litigation did not establish that local community facilities had to be owned or operated by State entities protected by § 14 and did not contradict the court's analysis in Kininessi.

Questions Presented

1. Whether the Board qualified as a State agency entitled to sovereign immunity under Article I, § 14, of the Alabama Constitution of 1901.
2. Whether Abrams qualified as a State agent entitled to State-agent immunity.
3. Whether the history and requirements of the Wyatt litigation established or supported the Board's status as a State agency entitled to sovereign immunity.

Disposition

reversed_and_remanded