A young boy in Montgomery was electrocuted when he came in contact with a broken chain link fence that had become electrified due to improperly secured wiring at a commercial building next door to his great-grandmother's house.
Following his death, his mother filed a lawsuit against not only the owner of the property, but also the city inspector who had deemed the property to be in safe condition several months earlier. Recently, that case, Morrow v. Caldwell, was heard by the Alabama Supreme Court on the issue of state-agent immunity and damage caps.
When the mother filed the lawsuit against the city electrical inspector, she sued him in his official capacity. He responded by claiming state-agent immunity. She then amended her complaint to sue him in his individual capacity for "individual acts of negligence and wantonness that contributed to the death of (her son)." She alleged he hadn't followed proper protocol, and had either intentionally or in bad faith allowed the property to be cleared for electrical restoration (it had been off for eight months prior, which is why the inspection was required).