DOCUMENT 289

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. )

ORDER AND JUDGMENT

On February 1, 2012, Plaintiff TOWANDA MOORE, as Administratrix of the

Estate of Todd Brown, deceased, filed the above-referenced wrongful death

action against various defendants, including HAMMAD MEMON. The allegations

relate to the February 5, 2010 shooting of Plaintiffs son, Todd Brown, by

Hammad Memon. Plaintiff claims that Hammad Memon was negligent and

wanton in causing the wrongful death of Todd Brown.

On April 3, 2012, Defendant Hammad Memon entered an appearance in

this case through counsel. After the Court granted the applicable homeowners

insurance companys motion for summary judgment, Hammad Memons

insurance defense counsel withdrew, and Hammad Memon proceeded pro se,

with subsequent pleadings and other papers served on Hammad Memon where
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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

summary judgment, pursuant to Ala. R. Civ. P. 56, against Hammad Memon on

the claims of negligence and wantonness as well as the issue of causation, in

causing the wrongful death of Todd Brown. The matter was set for a hearing

pursuant to the regularly scheduled and published motion docket. Defendant

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

favor of Plaintiff and against Defendant Hammad Memon.

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

hallway at Discovery Middle School, without justification or defense. As a result,

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,

Hammad Memon knowingly and voluntarily entered a plea of guilty to the

intentional murder of Todd Brown, Ala. Code 13A-6-2 (1975), and is serving his
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sentence. Hammad Memon is now twenty-two years old.

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

Plaintiffs decedent, Todd Brown. It is well-settled law that, in a wrongful death

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

awarded the Plaintiff in the amount of one million dollars ($1,000,000.00).

Accordingly, it is ORDERED, ADJUDGED and DECREED that Judgment

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

DOLLARS ($1,000,000.00) plus costs

DONE this 7th day of September, 2017.

/s/ RUTH ANN HALL

CIRCUIT JUDGE