from DeKalb Circuit Court. (CV-13-900364).
Judge. Thompson, P.J., and Pittman and Donaldson, JJ.,
concur. Thomas, J., dissents, with writing. THOMAS, Judge,
On Application for Rehearing
court's opinion of May 22, 2015, is withdrawn, and the
following is substituted therefor.
Lewis, as mother and next friend of P.L., a minor, appeals
from a summary judgment entered by the DeKalb Circuit Court
(" the trial court" ) in favor of Stuart Mitchell.
We reverse and remand.
December 18, 2013, Lewis filed an amended complaint against
Mitchell, a teacher at Plainview School, alleging that
Mitchell had committed assault and battery against her son,
P.L., who was a student at Plainview School, and that
Mitchell had negligently and wantonly injured P.L. On January
21, 2014, Mitchell answered Lewis's amended complaint,
asserting, among other things, that he was entitled to
state-agent immunity for his actions in using corporal
punishment to discipline P.L.
filed a motion for a summary judgment, along with a brief and
evidentiary materials in support thereof. Mitchell argued,
among other things, that he was entitled to state-agent
immunity. See Ex parte Cranman, 792 So.2d 392 (Ala.
2000). Thereafter, Lewis filed a brief, along
with evidentiary materials in support thereof, in opposition
to Mitchell's summary-judgment motion. Subsequently,
Mitchell filed a reply in further support of his
October 2, 2014, the trial court entered a summary judgment
in favor of Mitchell, specifically finding that Mitchell was
entitled to state-agent immunity. On October 21, 2014, Lewis
filed her notice of appeal to the Alabama Supreme Court; that
court transferred the appeal to this
court pursuant to § 12-2-7(6), Ala. Code 1975.
Our standard of review for a summary judgment is as follows:
" 'We review the trial court's grant or denial
of a summary-judgment motion de novo, and we use the same
standard used by the trial court to determine whether the
evidence presented to the trial court presents a genuine
issue of material fact. Bockman v. WCH, L.L.C., 943
So.2d 789 (Ala. 2006). Once the summary-judgment movant shows
there is no genuine issue of material fact, the nonmovant
must then present substantial evidence creating genuine issue
of material fact. Id. " We review the evidence
in a light most favorable to the nonmovant." 943 So.2d