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ELECTRONICALLY FILED
9/7/2017 4:04 PM
47-CV-2012-900123.00
CIRCUIT COURT OF
MADISON COUNTY, ALABAMA
DEBRA KIZER, CLERK
IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA
MOORE TOWANDA, )
Plaintiff, )
)
V. ) Case No.: CV-2012-900123.00
)
BOARD OF EDUCATION - MADISON
)
CITY SCHOOLS,
SMITH ROBBIE DR. PRINCIPAL, )
FOWLER DEE O. DR. SPTNDNT., )
MEMON HAMMED ET AL, )
Defendants. )
Hammad Memon. Plaintiff claims that Hammad Memon was negligent and
this case through counsel. After the Court granted the applicable homeowners
insurance defense counsel withdrew, and Hammad Memon proceeded pro se,
with subsequent pleadings and other papers served on Hammad Memon where
DOCUMENT 289
he is incarcerated.
On June 29, 2016, Plaintiff waived her right to trial by jury. No objection or
other request for jury trial was filed. On June 28, 2016, Plaintiff moved for partial
causing the wrongful death of Todd Brown. The matter was set for a hearing
Hammad Memon did not appear for the hearing or file any response to Plaintiffs
motion for partial summary judgment. Based on the undisputed facts, this Court
granted Plaintiffs motion for partial summary judgment on September 14, 2016 in
The undisputed facts in the record in this action, including those set forth in
Plaintiffs partial motion for summary judgment show the following: On February
5, 2010, Defendant Hammad Memon shot Plaintiffs decedent and son, Todd
Brown, with a handgun in the back of the head at near point-blank range in the
Todd Brown died. Hammad Memon was taken into custody for prosecution by
law enforcement. While on bond, Hammad Memon, with the assistance of his
family, attempted to flee the country, but was apprehended. On May 28, 2013,
intentional murder of Todd Brown, Ala. Code 13A-6-2 (1975), and is serving his
DOCUMENT 289
The Court finds that Plaintiff is entitled to an award of punitive damages for
her claims against Defendant Hammed Memon for the wrongful death of
suit, a plaintiffs is only entitled to pursue punitive damages. See Omni Ins. Co. v.
Foreman, 802 So. 2d 195 (Ala. 2001); Lance, Inc., v. Ramanauskas, 731 So. 2d
1204 (Ala. 1999). The Court has considered all of the undisputed facts in this civil
action, including those discussed above, and finds that damages are due to be
be and the same hereby is entered in favor of the Plaintiff, TOWANDA MOORE,
and against the Defendant, HAMMAD MEMON, in the amount of ONE MILLION