Ala. Code
Code of Alabama

Ala. Code § 6-5-300 (2026)

Proof Act Was Committed by Agent, Etc., Sufficient to Sustain Allegation Act Was Committed by Party to Civil Action.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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In any civil action, it shall be permissible to allege in any pleading that any party or parties committed an act, and proof that any such party or parties committed such act by or through an agent, servant, or employee acting within the line and scope of his employment shall be sufficient proof of such allegation, subject, however, to the right of the party or parties against whom such testimony is offered to thereupon plead the statute of limitations which might have been applicable to the case made by the evidence offered.

(Acts 1957, No. 624, p. 895.)

Notes of Decisions
Cited in 6 cases, 1998–2011 · leading case: Assurant, Inc. v. Mitchell, 26 So. 3d 1171 (Ala. 2009).
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Assurant, Inc. v. Mitchell, 26 So. 3d 1171 (Ala. 2009). · cites it 5× “, by and through its subsidiary [ 4 ] American Bankers Insurance Company of Florida, or was the third-party beneficiary of a contract between American Bankers and Assurant, either of which required, among other things, that Assurant would provide benefits as described in…”
Ware v. Timmons, 954 So. 2d 545 (Ala. 2006). “However, I note: "In any civil action, it shall be permissible to allege in any pleading that any party or parties committed an act, and proof that any such party or parties committed such act by or through an agent, servant, or employee acting within the line and scope of his…”
Stoudemire v. Provident Life & Accident Ins. Co., 24 F. Supp. 2d 1252 (M.D. Ala. 1998). · cites it 2× “Count I of Stoudemire’s Complaint states a claim for fraud in the inducement against Smyth, in his individual capacity and as an agent for Provident, and against Provident, pursuant to Ala.Code § 6-5-300, as Smyth’s principal.”
City of Montgomery v. Mary Ann Patterson., 80 So. 3d 264 (Ala. Civ. App. 2011). · cites it 2× “…the City, committed an act and to prove that that party’s employee or agent actually committed the act at issue. See Ala.Code 1975, § 6-5-300.”
Nettles v. White, 36 So. 3d 52 (Ala. 2009). · cites it 4× “” Ground One Under § 6-5-300, Ala.Code 1975, it does not appear to me that an amendment to *53 the complaint was even necessary for Stephanie Nettles, the petitioner, to assert her respondeat superior claim.”
Abston v. Kelley Bros. Contractors, 990 F. Supp. 1392 (S.D. Ala. 1998). · cites it 6× “1 Plaintiffs seek the imposition of such punitive damages even in the absence of evidence that Kelley Brothers either negligently employed Mr.”
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