Court: Supreme Court of Alabama
Opinion Date: April 9, 2021
Judge: Per Curiam
Areas of Law: Civil Procedure, Personal Injury
Dalton Teal, a defendant in a pending personal injury action, petitioned the Alabama Supreme Court for a writ of mandamus to direct the Jefferson Circuit Court to vacate its partial summary judgment in favor of plaintiff Paul Thomas, pursuant to which it struck Teal’s affirmative defenses of self-defense and statutory immunity. Thomas, accompanied by a friend, Brian Pallante, were at a Birmingham bar when an altercation between Pallante and Teal arose on the premises. Bar staff separated the two; Pallante and Thomas left through the front door, and Teal left through the back. Following his exit, Teal waited on a nearby bench for friends who had accompanied him. Within minutes of their exit from the bar, Pallante and Thomas again encountered Teal, and Pallante allegedly initiated another confrontation. Thomas confirmed that Teal was on his back on the ground with Pallante above him and that Pallante was obviously “getting the better of” Teal in the struggle. Teal testified that, after having been choked for approximately 15 to 20 seconds, he realized that he was not going to be able to get up and became “afraid that they were going to kill [him].” At that point, Teal drew a pistol and fired a single shot in an effort “to get them off of [him].” Teal, who indicated that his ability to aim his weapon was affected by the fact that Pallante had “[Teal’s] arm pinned down,” missed Pallante, at whom Teal was apparently aiming, but the shot struck Thomas in the abdomen, seriously injuring him. The Jefferson County District Attorney declined to bring criminal charges against Teal based on the conclusion that Pallante’s actions had “led to the shooting that injured [Thomas].” Thomas filed a personal injury action against Teal and other defendants. The Alabama Supreme Court determined Teal presented substantial evidence demonstrating the existence of genuine issues of material fact regarding whether he was entitled to assert the affirmative defense of self-defense to Thomas’s tort claims and whether he was entitled to statutory immunity. Therefore, the trial court erred in entering a partial summary judgment striking Teal’s affirmative defenses premised on a theory of self-defense. Teal’s petition was granted and a writ of mandamus issued to direct the trial court to vacate its order.
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