Ex parte Terrence Venter & City of Selma.

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Terrence Venter and the City of Selma ("the City") petitioned the Alabama Supreme Court to issue a writ of mandamus to direct the Dallas Circuit Court to vacate its February 20, 2017, order denying their motion for a summary judgment based on Venter's State-agent immunity and to enter an order based on that defense. In 2008, Aubrey Vick was killed when the vehicle he was driving collided with a fire truck being driven by Venter. Mary Vick, as administrator of Aubrey's estate ("the estate"), filed a wrongful-death complaint against Venter and the City, alleging Venter, "while acting in the line and scope of his employment with the City of Selma's fire department, and operating a vehicle owned by the City of Selma, negligently drove the vehicle into the vehicle owned by plaintiff's decedent." The estate claimed that the City was vicariously liable for Venter's alleged negligence. The complaint also alleged the City had negligently installed, maintained, and/or designed the traffic light at the intersection where the accident occurred. After review of the facts of this case, the Supreme Court determined the trial court properly denied Venter and the City's motion, and denied their petition. View "Ex parte Terrence Venter & City of Selma." on Justia Law