Ex parte John Cooper
Annotate this CaseJohn Cooper, the director of the Alabama Department of Transportation ("ALDOT"), sought a writ of mandamus to direct the Morgan Circuit Court to dismiss an action commenced against him by William Hulsey and Traci Bullard. Hulsey was injured when he lost control of his vehicle during a winter weather event. Hulsey and Bullard, his common-law wife, sued Cooper, individually, for damages: Hulsey based on personal injury, Bullard based on loss of consortium. Hulsey and Bullard alleged that ALDOT employees made the road surface slick by applying an improper mixture of anti-icing brine and diesel fuel to it, then aggravated the slickness by flushing the road with water, then failed to warn drivers and close the road. Hulsey and Bullard also alleged that Cooper failed to supervise and train ALDOT employees and to ensure that they followed ALDOT policies. The Alabama Supreme Court found that because Hulsey's and Bullard's claims were based on Cooper's official duties as director, he was entitled to a dismissal based on State immunity. THe Court thus granted the director's petition.
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