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Norris v. City of Montgomery8/31/2001
ough it may not be good as a wanton or willful count in the absence of allegations of fact showing a wanton or willful injury." 245 Ala. at 446, 17 So. 2d at 580. See, also, Allen v. Delchamps, Inc., 624 So. 2d 1065 (Ala. 1993), in which this Court held that a summary judgment in favor of Delchamps was improper as to the plaintiff's negligence and wantonness claims in a case where the plaintiff alleged a violation of a federal statute.
In this case, however, the plaintiffs did not allege facts that could have supported a claim of wanton conduct against either Chief Wilson or Officer Perkins. Therefore, I agree that the judgment in favor of Chief Wilson and Officer Perkins should be affirmed as to the plaintiffs' wantonness claims against those defendants.
Johnstone, J., concurs.
JOHNSTONE, Justice (concurring in part and concurring in the result in part).
But for one exception, I concur in all holdings. The one exception is that I do not agree that a cause of action cannot exist for statutory wantonness. If the mere failure to perform a statutorily mandated duty can constitute statutory negligence, then the conscious, knowing, and reckless nonperformance of such a duty could constitute statutory wantonness. Because the record in this case does not contain substantial evidence of conscious, knowing, and reckless nonperformance, however, I concur in the result of affirming the summary judgment entered in favor of the defendants on the plaintiffs' wantonness claims. I likewise concur in the judgment of this Court. I join in Justice Lyons's special writing.
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