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591 So. 2d 56

Schomp v. Averette

Supreme Court of Alabama

Decided November 27, 1991

Supreme Court of Alabama · decided 1991-11-27

Relies on 533 So. 2d 602 - Perry v. Mobile County · 579 So. 2d 1295 - Harris v. MacOn County

Good law ✅— No negative treatment on recordhow we know

Decided 1991-11-27

How this case has been cited

Cited by 5 later decisions — most recently August 2017

5 state decisions

20199120002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SHORES, Justice.

¶1Stephan Hale Schomp sued the members of the Coffee County Commission as a result of an automobile accident that occurred on the public roads of Coffee County. Schomp appeals from a summary judgment.

¶2There was no evidence before the trial court, when the defendants’ motion of summary judgment was granted, from which the trier of fact could reasonably conclude that the defendant, the Coffee County Commission had a duty to maintain the intersection of Alabama Highway 27 and County Road 1146. The defendant produced evidence, which was not disputed, that on May 28, 1988, the date of the accident on which this lawsuit is based, the intersection in question was under the exclusive control of the State of Alabama Highway Department. We affirm the summary judgment for the defendants, on the authority of Perry v. Mobile County, 533 So.2d 602 (Ala.1988); and Harris v. Macon County, 579 So.2d 1295 (Ala.1991).

¶3AFFIRMED.

HORNSBY, C.J., and MADDOX, HOUSTON and KENNEDY, JJ., concur.
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