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Babbitt v. Cullman Reg'l Med. Ctr., Inc.

Supreme Court of Alabama

September 5, 2014

Phylena Babbitt, individually, and as personal representative of the Estate of Janet Broadbrooks, deceased.
v.
Cullman Regional Medical Center, Inc; Cullman Emergency Medical Service; the Health Care Authority of Cullman County; and Andrew Blake Hartley

Released for Publication July 20, 2015.

As Amended April 27, 2015.

Appeal from Cullman Circuit Court. (CV-2011-900297). Greg A. Nicolas, Trial Judge.

For Appellant: David J. Hodge and Joseph D. Aiello of Morris, King & Hodge, Huntsville; and Jason Kinght of Knight & Knight, Cullman.

For Appellees: John J. St. John, Finis E. St. John IV, and Gaynor L. St. John of St. John & St. John, LLC. Cullman.

BOLIN, Justice. Stuart, Parker, Shaw, Main, Wise, and Bryan, JJ., concur. Moore, C.J., and Murdock, J., dissent.

OPINION

BOLIN, Justice.

AFFIRMED. NO OPINION.

Stuart, Parker, Shaw, Main, Wise, and Bryan, JJ., concur.

Moore, C.J., and Murdock, J., dissent.

DISSENT

MOORE, Chief Justice (dissenting).

Phylena Babbitt, the plaintiff below, individually and as the personal representative of the estate of her deceased mother, Janet Broadbrooks, appeals from a summary judgment in favor of the defendants, Cullman Regional Medical Center, Inc., Cullman Emergency Medical Service (" Cullman EMS" ), the Health Care Authority of Cullman County, and Andrew Blake Hartley. Today this Court affirms the summary judgment, without an opinion. I respectfully dissent because I believe a jury should have been allowed to consider the facts of this case to determine whether Hartley was negligent and whether Broadbrooks was contributorily negligent in the accident that caused Broadbrooks's death.

On May 12, 2011, Hartley, who was employed by Cullman EMS, was driving an ambulance to the scene of a motor-vehicle collision. He had been dispatched from Cullman Regional Medical Center. He was driving the ambulance eastbound on Highway 157 when he encountered traffic and decided to continue in the same direction in the westbound lane, which is to say that he decided to drive the wrong way in the oncoming lane of traffic. Hartley testified that he was ...


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