IMMUNITY / DAMAGES - MORROW V. CALDWELL

Morrow v. Caldwell [Ms. 1111359, Mar. 14, 2014] ___ So. 3d ___ (Ala. 2014). The $100,000 cap on damages against a municipality does not apply to an action against a municipal employee in his or her individual capacity. After the circuit court denied the municipal employee's request for a declaration that the cap would apply, the defendant employee filed an interlocutory appeal, which the Supreme Court accepted. This was an issue of first impression; the opinion notes that Suttles v. Roy, 75 So. 3d 90 (Ala. 2010) expressly reserved the application of the cap in ¤ 11-47-190 for another day because the question was not squarely presented there. Thus, in this opinion addressing the question as a matter of first impression, the Court holds that the statute does not cap the liability of municipal employees sued in their individual capacity.