Garrett v. City of Mobile
Garrett v. City of Mobile
Opinion
Appellant Clyde Garrett and his family attended a fireworks display sponsored in part by the City of Mobile at Ladd Memorial Stadium on July 3, 1982. As the Garretts were walking to their automobile at the end of the display, Mr. Garrett was assaulted by a group of five or six teenage males. He received numerous stab wounds. Prior to assaulting Garrett, the same group of teenagers had stabbed two other individuals inside the stadium. Eighty-two police officers were assigned to Ladd Stadium for the fireworks display. Garrett brought suit against the City of Mobile, alleging that the City negligently failed to provide the security necessary to prevent his injury. He contends that because the police were aware of two previous assaults, the risk of his injury was foreseeable and therefore was proximately caused by the officers' negligent failure to react. The trial court granted the defendant's motion for summary judgment, and this appeal followed. We affirm.
Our review of the summary judgment in this case is controlled by the recent decision of Calogrides v. City of Mobile,
In Calogrides and in Rich v. City of Mobile,
The appellant in Ellmer v. City of St. Petersburg,
"[W]e reject the argument that giving warning to persons of the existence of a riot is merely the equivalent of a city's duty to warn of a dangerous defect in one of its streets. The obligation to make an appropriate response to the fluid and volatile conditions of a riot is far different from the duty to warn of a *Page 378 static condition which may constitute a hazard on a highway."
378 So.2d at 827. Similarly, the City of Mobile cannot be held liable for a failure to locate and arrest five or six teenagers in a crowd of thousands in a period of minutes. There are no genuine issues of material fact; therefore, the decision of the trial court is affirmed. Rule 56, Ala.R.Civ.P.
AFFIRMED.
TORBERT, C.J., and MADDOX, JONES and ADAMS, JJ., concur.
Reference
- Full Case Name
- Clyde D. Garrett and Cathy Garrett v. City of Mobile.
- Cited By
- 12 cases
- Status
- Published