 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Luckie v. City of Montgomery2/12/1999
REL: 2/12/1999 LUCKIE
NOTICE: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 242-4621), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.
On March 7, 1997, Christopher Luckie sued both the City of Montgomery and Corporal D.P. Griffin, individually, asserting claims of malicious prosecution, false imprisonment, assault and battery, and outrage. The City and Griffin filed a motion to dismiss, which the trial court denied.
In a letter to Luckie's attorney, the City attorney stated that he intended to file a motion for a summary judgment and requested an offer to settle the case. He also stated, "I feel very confident that I can prevail on the summary judgment and re-initiate proceedings against your client for DUI if I am forced to do so." Thereafter, the City attorney withdrew from the case, and new counsel was substituted for the City and Griffin. Subsequently, the City and Griffin filed a motion for a summary judgment. Six days later, the City reissued a warrant for Luckie's arrest, based upon the affidavit of Griffin. The City rearrested Luckie, on the original charge. Luckie filed an opposition to the summary judgment motion, along with supporting affidavits and documents. The trial court granted the summary judgment motion and entered a judgment in favor of the City and Griffin. Luckie filed a post-judgment motion, which the trial court denied.
Luckie appeals, contending that the trial court erred in granting the City and Griffin's summary judgment motion. This case is before this court pursuant to §á12-2-7(6), Ala. Code 1975.
A motion for a summary judgment may be granted when no genuine issue of a material fact exists and the moving party is entitled to a judgment as a matter of law. Lewis v. State Farm Mut. Auto. Ins. Co., 705 So. 2d 503 (Ala. Civ. App. 1997). If the moving party makes a prima facie showing that no genuine issue of a material fact exists and that it is entitled to a judgment as a matter of law, the burden shifts to the non-movant to present substantial evidence demonstrating the existence of a genuine issue of a material fact. Id.
The record reveals the following pertinent facts: On October 9, 1996, at approximately 8:30 p.m., Luckie had dinner with a friend, Jennifer Barnhart, at a local restaurant in Montgomery. According to Barnhart, Luckie consumed one wine spritzer with dinner. Barnhart and Luckie left the restaurant together in Barnhart's automobile and went to Barnhart's apartment, where Barnhart changed clothes. They returned to the restaurant at approximately 10:00 p.m. Luckie left the restaurant in her automobile.
While driving home, Luckie, who was travelling on North Burbank Drive, used her car phone to call a friend, Stacy Price. Luckie approached the intersection of Burbank Drive and Atlanta Highway, where Steven Smyly's automobile was stopped at a red light. As Luckie ended her conversation with Price, the traffic light turned green. Assuming that Smyly would proceed, Luckie drove forward. Smyly did not proceed, and Luckie's automobile tapped the rear of Smyly's automobile. Smyly and Luckie exited their automobiles and examined Smyly's automobile for damage. They noticed a slight scratch on the rear bumper of Smyly's automobile, but observed no damage to Luckie's automobile. A police car pulled into a nearby gasoline station, and officer Griffin motioned for them to pull into the station. Smyly and Luckie moved t
Page 1 2 3 4 5 Alabama DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|