Franklin’s attorney cites immunity to dismiss wreck lawsuit

Jan. 14--A lawyer for Morgan County Sheriff Ana Franklin doesn't think Franklin should have been sued by a couple for injuries they received in a wreck with Franklin because the sheriff was acting within her duties while returning from a Gulf Coast conference.

Randall McNeill, a Montgomery attorney for the county's liability insurance carrier, filed a motion in Baldwin County court Thursday to dismiss the civil lawsuit filed by a Bay Minette couple against Franklin.

McNeill said in the motion that the case should be dismissed because Alabama sheriffs have immunity from civil lawsuits as long as they are acting within the line and scope of their duties.

"The legal basis for Sheriff Franklin's absolute state immunity is straight forward and well settled," McNeill wrote in the motion. "The Alabama Constitution of 1901 prohibits suits against the state."

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

"Sheriff Franklin's immunity does not cease at the county line," McNeill said.

Hubbard Hall and his wife, Martha Hall, of Bay Minette, were injured in a morning wreck June 7 when Franklin pulled in front of the couple on Alabama 287 just south of the Interstate 65 interchange near Bay Minette, according to an Alabama state trooper's accident report.

The couple filed a lawsuit against Franklin in Baldwin County 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.

Britt Bethea, the Halls' Mobile attorney, said Friday he has reason to believe Franklin was not acting within her duties when the wreck happened. He declined to disclose why he believes that.

"If we didn't think she wasn't acting within the line and scope of her duties in the first place, we wouldn't have filed the lawsuit," Bethea said.

Bethea said the case wouldn't move into settlement talks or mediation until after Baldwin County Circuit Court Judge Jody Bishop rules on McNeill's motion.

McNeill would not comment on pending litigation.

Franklin said in a sworn affidavit signed Thursday that she was at the school resource officer's conference in Gulf Shores for a week, but had to leave a few days early to attend to business.

"During the course of the week, while in Gulf Shores, I communicated regularly with my office about the schedule, as well as normal duties of the office, and I was made aware of meetings and events that needed to be attended to by me," Franklin said in the affidavit. "I instructed my assistant to schedule these meetings throughout the week, and I would return early and attend to them, as some of them were time sensitive."

McNeill said in the dismissal motion that a sheriff's duties spelled out in the state code include working with other law officials toward common law enforcement goals and to curtail crime. He said Franklin was fulfilling duties of those types by attending the conference.

"Visiting such conferences allows Sheriff Franklin to network with other law enforcement officers and to stay current on safety and security issues that face Alabama public schools, as well as issues concerning interagency partnerships," McNeill said in the motion.

McNeill cited other cases in which the courts recognized immunity for sheriffs and deputies outside their county if they are acting within the duties of their office.

Franklin, 52, was traveling alone northbound when she failed to yield the right of way to the southbound car driven by Hubbard Hall, 64, the trooper's report said. Franklin was turning into a gas station when the wreck happened, the report said.

Hubbard Hall's injuries included a broken nose, ribs and back injuries, bruises and swelling, the lawsuit said.

Martha Hall, 61, suffered a broken sternum, broken hip and other injuries, including having her teeth knocked out, according to the lawsuit.

Franklin was driving a county-owned 2011 Ford Expedition. Hubbard Hall was driving a 2016 Toyota Corolla. The Halls and Franklin all were wearing seat belts, the wreck report said. The Halls were taken to a hospital by ambulance. Franklin was not injured.

A status conference for the case is scheduled for 9 a.m. March 20 in the Baldwin County Courthouse in Bay Minette. Baldwin County Circuit Court Judge Jody Bishop said in court documents that he will set a trial date at the March hearing.

[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.