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Ex parte Rizk6/30/2000
nity to Dr. Rizk and other resident physicians at the University would hinder the educational purpose of the University by impeding the University's ability to attract, educate, and train medical students and resident physicians, and it would thereby lessen the availability of qualified physicians to provide medical care and treatment to the citizens of the State of Alabama. Therefore, "because [Dr. Rizk was] exercising a discretionary function and because it does not appear in this case that the burden on the plaintiff significantly outweighs the benefits of applying State-agent immunity to [Dr. Rizk], the balance of the § 13 and § 14 policies, in light of § 43, favors the application of discretionary-function immunity to [Dr. Rizk] in the performance of University-related health-care responsibilities." Ex parte Cranman, ___ So. 2d at ___ (on application for rehearing) (See, J., dissenting). I therefore dissent from the denial of the writ of mandamus.
Maddox, J., concurs.
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