147 So. 3d 415
Ala.2013Background
- Jones, a former PE teacher at Gresham Middle School, faced a May 5, 2006 basketball-area altercation between students Demetrius Hall and Michael Boyd; Demetrius sustained serious injuries.
- Hall sued Jones and two other PE teachers for negligence and wantonness, alleging inadequate supervision.
- Jones and Sokol answered asserting State-agent immunity; the defense sought summary judgment on immunity grounds.
- The trial court denied Jones’s initial summary-judgment motion on December 19, 2011; Sokol and Queen later had their claims dismissed in January 2012.
- Jones sought mandamus review in February 2012; this Court denied it as untimely, citing Rule 21(a)(3); Jones filed a renewed summary-judgment motion in November 2012, relying on Ex parte Montgomery County Board of Education (2012).
- Following a hearing, the trial court again denied Jones’s renewed motion on April 2, 2013, prompting the current petition for mandamus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jones is entitled to State-agent immunity as a matter of law. | Jones asserts immunity under Cranman and subsequent waivers. | Hall argues material facts (presence on gym floor) negate immunity. | No, immunity denial stands; no clear right to relief. |
| Whether Jones’s February 2012 mandamus petition was timely. | Jones contends timely under Rule 21 and related authorities. | Jones filed beyond the presumptively reasonable time without good cause. | Untimely; petition denied. |
| Whether the renewed motion for summary judgment permitted mandamus review. | Renewed motion identical in grounds; warrants review. | Renewed motion not a new ground; review would undermine Rule 21. | Allowed to deny petition; no merit to mandamus relief. |
| Whether Ex parte Montgomery County Board of Education created a fundamental change in law. | Case supports educator immunity; mandates summary judgment. | Did not change law; only applied existing standards to facts. | No fundamental change; not grounds for relief. |
Key Cases Cited
- Ex parte Cranman, 792 So.2d 392 (Ala. 2000) (state-agent immunity framework for government actors)
- Ex parte Noland Hosp. Montgomery, LLC, 127 So.3d 1160 (Ala. 2012) (presumptively reasonable time for mandamus petition 42 days)
- Ex parte Troutman Sanders, LLP, 866 So.2d 547 (Ala. 2003) (petitions for writ review of interlocutory orders; timing rules)
- Ex parte Montgomery County Board of Education, 88 So.3d 837 (Ala. 2012) (educator immunity under Cranman framework; relied on facts of case)
- Ex parte Butts, 775 So.2d 173 (Ala. 2000) (adoption of Cranman test by majority")
- Ex parte Rizk, 791 So.2d 911 (Ala. 2000) (explanation of appellate review standards for immunity claims)
- Ex parte CTB, Inc., 782 So.2d 188 (Ala. 2000) (affirming judgment on any valid ground presented by the record)
