Couple in wreck with Morgan sheriff oppose dismissal of lawsuit

Jan. 25--The lawyer for a Baldwin County couple injured in a traffic accident involving Morgan County Sheriff Ana Franklin said in a court filing that the judge should not dismiss the couple's lawsuit against Franklin until he has more time to gather information.

Britt Bethea, a Mobile lawyer representing Hubbard and Martha Hall, filed an objection Friday to a motion by Franklin's attorney to dismiss the case. The motion argued Franklin is granted immunity by the state Constitution.

Bethea said the Halls have issued or plan to issue subpoenas to other parties, such as the state trooper who investigated the wreck and Baldwin County 911, to gather information about the June 7 wreck near Bay Minette in Baldwin County. Franklin has not responded to requests for more information, Bethea said in the filing.

"Due to the infancy of this case, the Halls cannot currently present facts essential to justify their opposition to the defendant's motion to dismiss," Bethea said.

Randall McNeill, a Montgomery attorney for the county's liability insurance carrier, recently asked that the civil lawsuit be dismissed because Franklin and other sheriffs in the state are granted immunity from civil lawsuits as long as they are acting within the line and scope of their duties.

McNeill said Franklin's absolute state immunity "is straightforward and well settled. The Alabama Constitution of 1901 prohibits suits against the state."

Franklin was acting within the scope of her duties when she was returning from an Alabama School Resource Officers Conference in Gulf Shores, McNeill said.

Bethea said Franklin was not acting within the line and scope of her duties when the wreck happened.

Baldwin County Circuit Court Judge Jody Bishop set a hearing on Franklin's motion for March 21 at 9 a.m. at the Baldwin County Courthouse in Bay Minette.

The Halls were injured when Franklin pulled in front of the couple's car on Alabama 287 just south of the Interstate 65 interchange, according to a state trooper's accident report.

The couple filed a lawsuit against Franklin on Sept. 14 asking for an unspecified amount of compensation for the injuries and damages they sustained due to Franklin's alleged negligence and recklessness, court records show.

Hubbard Hall, 64, received a broken nose and injured his ribs and back in the wreck, according to the lawsuit. Martha Hall, 61, suffered a broken sternum, broken hip and had teeth knocked out, the lawsuit said.

Franklin, 52, was traveling alone in her county-owned 2011 Ford Expedition, according to the accident report. Hubbard Hall was driving a 2016 Toyota Corolla.

[email protected] or 256-340-2438. Twitter @DD_KeithClines.

___

(c)2017 The Decatur Daily (Decatur, Ala.)

Visit The Decatur Daily (Decatur, Ala.) at www.decaturdaily.com

Distributed by Tribune Content Agency, LLC.