published Friday, June 6th, 2014

Court: Family can't sue Alabama town over body parts left in home by firefighters

MONTGOMERY, Ala. — The Alabama Supreme Court says a family can't sue a Dallas County town where firefighters are accused of leaving the remains of a fire victim inside a burned home.

The court ruled Friday that the town of Valley Grande and its mayor are immune from a suit filed by relatives of James Barlow Sr. and his mother, Bertha Yeager.

The two died in a house fire in January 2011, and relatives thought all the remains were removed. But the suit says they found some of Barlow's remains in a body bag at the site four months later.

The family sued the city arguing its volunteer firefighters were negligent and caused them emotional pain by leaving the remains.

The town argued that it's immune from such suits, and the justices agreed.

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