Ex parte Tim Tucker, [Ms. 1180773, Dec. 6, 2019] __ So. 3d __ (Ala. 2019). The Court (Mendheim, J.; Parker, C.J., and Bolin, Stewart, Wise, Bryan, Sellers, JJ., concur; Mitchell, J., concurs in the result) issues a writ of mandamus directing the Baldwin Circuit Court to dismiss an action against Tim Tucker, the Public Works Director of the City of Orange Beach. Plaintiff fell while walking along the edge of a road which she alleged Tucker negligently failed to maintain.
The plaintiff contended that Tucker acted beyond his authority as Public
Works Director by violating specific regulations set out in § 410.05(b)
of the ALDOT specifications addressing edge requirements for paving of
roads. Ms. *13. However, the specifications “... address standards
for paving a roadway; they in no way address ongoing maintenance of roads
and streets within the City ....” Ms. *19. The Court concluded “[i]t
is undisputed that Tucker exercises judgment in determining how and where
to use the limited resources available to the City to repair and maintain
its roads and streets. ‘These decisions are the very sort protected
by State-agent immunity as described in
Cranman.’” Ms. *22, quoting
Ex parte Estate of Reynolds, 946 So. 2d 450, 456-57 (Ala. 2006).