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Norris v. City of Montgomery8/31/2001
This action arises out of an automobile accident that occurred in 1997 when a vehicle operated by Bo Coon was struck by a vehicle operated by Michael Perkins, injuring Bo Coon and four minors who were passengers in Coon's vehicle -- Lee Coon, Ashley Dantzler, Lindsey Maraman, and Jason Shaw. The collision also killed a fifth minor in the Coon vehicle, Philip Heath Norris. In the resulting action seeking damages for wrongful death, personal injuries, and property damage against Michael Perkins, the City of Montgomery ("the City"), then mayor of Montgomery Emory Folmar, Montgomery Police Chief John Wilson, and police officer Thomas Perkins ("Officer Perkins"), the trial court entered a summary judgment for all of the defendants except Michael Perkins (those defendants hereinafter collectively referred to as the "City defendants"). We affirm in part, reverse in part, and remand.
The events leading to this action began in 1993, when Michael Perkins was convicted of driving while under the influence of alcohol. As a result of that conviction, his driver's license was suspended or revoked. However, he continued operating motor vehicles thereafter, without a license.
In 1995, the Legislature enacted the Safe Streets Act of 1995, Act No. 95-580, Ala. Acts 1995, effective July 31, 1995, codified at Ala. Code 1975, § 32-5A-200 et seq. ("the Act"). (Act No. 95-580 was subsequently repealed by Act No. 98-470, Ala. Acts 1998, effective May 1, 1998.) The Act provided in pertinent part:
"[§ 2] The Legislature finds and declares all of the following:
"(1) Driving a motor vehicle on the public streets and highways is a privilege, not a right.
"(2) Of all drivers involved in fatal accidents, a driver with a suspended license is more likely to be involved in a fatal accident than a properly licensed driver.
"(3) Alabamians who comply with the law are frequently victims of traffic accidents caused by unlicensed drivers. These innocent victims suffer considerable pain and property loss at the hands of people who flaunt the law.
"(4) A large number of persons whose driving privilege has been suspended or revoked continue to drive regardless of the law.
"(5) It is necessary and appropriate to take additional steps to prevent unlicensed drivers from driving, including the civil forfeiture of vehicles used by unlicensed drivers. The state has a critical interest in enforcing its traffic laws and in keeping unlicensed drivers from illegally driving. Seizing the vehicles used by unlicensed drivers serves a significant governmental and public interest, namely the protection of the health, safety, and welfare of Alabamians from the harm of unlicensed drivers, who are involved in a disproportionate number of traffic incidents, and the avoidance of the associated destruction and damage to lives and property.
"....
"[§ 4] (a) Notwithstanding any other provision of law, and except as otherwise provided in this section, a motor vehicle is subject to forfeiture as a nuisance if it is driven on a highway of this state and all of the following conditions exist:
"(1) The motor vehicle is registered in the name of the driver.
"(2) The motor vehicle is driven by a person whose license or license privileges is suspended or revoked at the time he or she was stopped for having been previously convicted of driving under the influence of alcohol or a controlled substance, as defined in Section 32-5A-191 of the Code of Alabama 1975.
"....
"(c)(1) If a driver is unable to produce a valid driver's license on the demand of a law enforcement officer, the vehicle shall
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