Guntersville Housing Authority v. Stephens
Docket: No. 1900268
Court: Supreme Court of Alabama; August 9, 1991; Alabama; State Supreme Court
Deborah M. Stephens filed a lawsuit against the Guntersville Housing Authority for the wrongful death of her minor children, who died in a fire at her apartment managed by the authority. The central issue was whether the Guntersville Housing Authority qualifies as a “governmental entity” under Ala.Code 1975 § 11-93-1, which would subject it to limits on tort damages as outlined in § 11-93-2. The court reversed the trial court's judgment, determining that the Guntersville Housing Authority is indeed a governmental entity as defined by the statute. The housing authority was incorporated under Act No. 56, Ala. Acts of 1935, aligning with the definition of a “housing authority” as a public body organized for public purposes. The statute defines a “governmental entity” broadly, encompassing various public corporations, agencies, and boards. The legislature emphasized the public interest in providing adequate low-income housing, establishing that such entities serve a public use. The court compared the housing authority’s definition to that of a gas district, which was previously recognized as a governmental entity in Alabama case law. Citing precedents that affirm the classification of housing authorities as administrative agencies of municipalities and exempt from certain taxes, the court concluded that the Guntersville Housing Authority falls within the scope of § 11-93-2. Thus, the limits on recoverable damages against governmental entities apply. The decision was reversed, with concurrence from other justices.