Randolph ex rel. Randolph v. Montee

67 So. 3d 56
CourtSupreme Court of Alabama
DecidedJanuary 14, 2011
Docket1100122, 1100124, and 1100125
StatusPublished
Cited by12 cases

This text of 67 So. 3d 56 (Randolph ex rel. Randolph v. Montee) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Randolph ex rel. Randolph v. Montee, 67 So. 3d 56 (Ala. 2011).

Opinion

STUART, Justice.

The Phenix City Board of Education (“the Board”) petitions this Court for writs of mandamus directing the Russell Circuit Court to vacate its orders denying the Board’s motion to dismiss the actions filed against it by Alaysia Randolph, a minor, by and through her next friends and parents, Samuel Randolph and Wanda Randolph (case no. CV-10-206); Kenyetta King, a minor, by and through her next friend and parent, Olitha King (case no. CV-10-208); and Eric Robinson, Nyesha Robinson, Nasia Robinson, and Nadia Robinson, minors, by and through their next friend and parent, Jackie Woods, and Tamor Woods, a minor, by and through his parents and next friends, Jackie Woods and Christopher Woods (case no. CV-10-204), and to enter orders dismissing with prejudice the claims against the Board. We grant the petitions and issue the writs.

Factual Background and Procedural History

On March 2, 2010, Kimberly Sue Mon-tee, an employee of the Board, was driving a school bus. Alaysia Randolph, Kenyetta King, and Eric Robinson, Nyesha Robinson, Nasia Robinson, Nadia Robinson, and Tamor Woods (“the Woods minors”) were passengers on the school bus when it was involved in an accident with a stationary vehicle. Randolph, King, and the Woods minors filed separate complaints against the Board and Montee, alleging against the Board claims of negligent entrustment, against Montee claims of negligence and wantonness, and against the Board and Montee claims of loss of services asserted by the parents.

On September 21, 2010, the Board moved to dismiss the claims asserted against it, arguing that it was immune from suit pursuant to Art. I, § 14, Ala. Const. 1901. On September 28, 2010, the court denied the Board’s motions to dismiss. The Board petitions this Court for writs of mandamus directing the Russell Circuit Court to vacate the September 21, 2010, orders denying the Board’s motions to dismiss and to enter orders dismissing the claims against the Board with prejudice..

Standard of Review

“ ‘ “ ‘The appropriate standard of review under Rule 12(b)(6)[, Ala. R. Civ. P.,] is whether, when the allegations of the complaint are viewed most strongly in the pleader’s favor, it appears that the pleader could prove any set of circumstances that would entitle [it] to relief. In making this determination, this Court does not consider whether the plaintiff will ultimately prevail, but only whether [it] may possibly prevail. We note that a Rule 12(b)(6) dismissal is proper only when it appears beyond doubt [59]*59that the plaintiff can prove no set of facts in support of the claim that would entitle the plaintiff to relief.’ ” ’
“Ex parte Troy Univ., 961 So.2d 105, 108 (Ala.2006) (quoting Knox v. Western World Ins. Co., 893 So.2d 321, 322 (Ala.2004), quoting in turn Nance v. Matthews, 622 So.2d 297, 299 (Ala.1993)). ‘A ruling on a motion to dismiss is reviewed without a presumption of correctness.’ Newman v. Savas, 878 So.2d 1147, 1148-49 (Ala.2003).
“ ‘When a motion for judgment on the pleadings is made by a party, “the trial court reviews the pleadings filed in the case and, if the pleadings show that no genuine issue of material fact is presented, the trial court will enter a judgment for the party entitled to a judgment according to the law.” B.K.W. Enters., Inc. v. Tractor & Equip. Co., 603 So.2d 989, 991 (Ala.1992). See also Deaton, Inc. v. Monroe, 762 So.2d 840 (Ala.2000). A judgment on the pleadings is subject to a de novo review. Harden v. Ritter, 710 So.2d 1254, 1255 (Ala.Civ.App.1997). A court reviewing a judgment on the pleadings accepts the facts stated in the complaint as true and views them in the light most favorable to the nonmoving party. Id. at 1255-56.’
“Universal Underwriters Ins. Co. v. Thompson, 776 So.2d 81, 82-83 (Ala.2000).
“‘It is well established that mandamus will he to compel a dismissal of claim that is barred by the doctrine of sovereign immunity.’ Ex parte Blankenship, 893 So.2d 303, 305 (Ala.2004).
“ ‘A writ of mandamus is a
“ ‘ “drastic and extraordinary writ that will be issued only when there is: 1) a clear legal right in the petitioner to the order sought; 2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; 3) the lack of another adequate remedy; and 4) properly invoked jurisdiction of the court.” ’
“Ex parte Wood, 852 So.2d 705, 708 (Ala.2002) (quoting Ex parte United Serv. Stations, Inc., 628 So.2d 501, 503 (Ala.1993)).
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“ ‘ “[I]f an action is an action against the State within the meaning of § 14, such a case ‘presents a question of subject-matter jurisdiction, which cannot be waived or conferred by consent.’ ” Haley v. Barbour County, 885 So.2d 783, 788 (Ala.2004) (quoting Patterson v. Gladwin Corp., 835 So.2d 137, 142-43 (Ala.2002)). “Therefore, a court’s failure to dismiss a case for lack of subject-matter jurisdiction based on sovereign immunity may properly be addressed by a petition for the writ of mandamus.” Ex parte Alabama Dep’t of Mental Health & Retardation, 837 So.2d 808, 810-11 (Ala.2002).’
“Ex parte Davis, 930 So.2d 497, 499-500 (Ala.2005).”

Ex parte Lawley, 38 So.3d 41, 44-45 (Ala.2009).

Discussion

The Board contends that it is not subject to tort actions against it alleging negligent entrustment and asserting claims of loss of services because, it says, it is entitled to absolute immunity and it cites Art. I, § 14, Ala. Const. 1901. In Enterprise City Board of Education v. Miller, 348 So.2d 782 (Ala.1977), this Court held that city boards of education were immune from civil actions. We stated:

“City boards of education are authorized by the legislature. Title 52, Section [60]*60148, et seq. [now § 16-11-1 et seq., Ala Code 1975].
“Like county school boards, they are agencies of the state, empowered to administer public education within the cities. As such, a city school board is not a subdivision or agency of the municipal government. Opinion of the Justices, 276 Ala. 239, 160 So.2d 648 (1964). A city school board’s relation to the city is analogous to a county school board’s relation to the county. State v. Brandon, 244 Ala. 62, 12 So.2d 319 (1943).
“There is no mention in the statutes under which city school boards are created of the ability to be sued. Title 52, section 168 [now § 16-11-13], allows a city school board to institute condemnation proceedings. The only other statute which refers to litigation at all is Title 52, section 161 [now § 16-11-12], which provides:

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