In re: Grady L. Floyd, Jr., Gabrielle Floyd, and Charlie Floyd, Jr. v. Escambia County Community Hospital, Inc.

Summary

The Supreme Court of Alabama granted the Escambia County Commission and five county commissioners a writ of mandamus directing the Escambia Circuit Court to dismiss the Floyds' claims against them. Because the plaintiffs proceeded against the County defendants solely on a theory of vicarious liability for the alleged torts of Dr. J. Daniel Raulerson, the Escambia County medical examiner, and because § 45-27-60.11, Ala. Code 1975 (Local Laws, Escambia County), immunizes the county medical examiner from civil liability for duties performed under the local act, no liability for Dr. Raulerson's conduct could be visited on his alleged principals under respondeat superior. The Court further held that the declaratory-judgment count presented no justiciable controversy as to the County defendants because no viable claim against them remained. Having found the vicarious-liability issue determinative, the Court pretermitted the County defendants' alternate immunity theories.