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| Ex parte Canada, 1021732,
SUPREME COURT OF ALABAMA, January 9, 2004, Released
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Overview: Evidence raised triable issue of fact about whether supervisor knew that a safety guard on a saw was missing or improperly maintained, and trial court erred by granting supervisor's motion for summary judgment on injured employee's claim for damages.
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| Fort James Operating Co. v. Irby, 2020598,
COURT OF CIVIL APPEALS OF ALABAMA, January 9, 2004, Released
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Overview: Trial court properly determined that employee should be compensated outside the list of scheduled injuries because substantial evidence supported the finding that his ankle injury caused his low-back pain; but the employer was entitled to setoff.
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| Grimsley v. Grimsley, 2020035,
COURT OF CIVIL APPEALS OF ALABAMA, January 9, 2004, Released
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Overview: Where the former husband was still able to pay his child support obligation despite a decrease in income, the trial court did not err in reducing his child support obligation, as the former wife's income had increased substantially.
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| Harris v. Lombardi, 2021042,
COURT OF CIVIL APPEALS OF ALABAMA, January 9, 2004, Decided
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Overview: In an inmate's action against a steward for assault and battery, court affirmed summary judgment in favor of steward; in opposing the steward's motion for summary judgment, the inmate could not rely merely on the allegations made in his complaint.
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| Hollis v. City of Brighton, 1012381,
SUPREME COURT OF ALABAMA, January 9, 2004, Released
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Overview: City did not undertake an enforceable duty to provide skillful fire protection when it created a volunteer fire department, and it was not liable for negligent or wanton conduct of firefighters who attempted to extinguish fire that destroyed a house.
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| Jordan v. Cont'l Airlines, Inc., 2020870,
COURT OF CIVIL APPEALS OF ALABAMA, January 9, 2004, Released
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Overview: In plaintiff's suit against airline and airport authority as a result of her husband's death, trial court properly struck affidavits of plaintiff's expert who had Ph.D. in neuroscience; expert's opinion as to cause of death was based on speculation.
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| Rehfeld v. Roth, 2020968,
COURT OF CIVIL APPEALS OF ALABAMA, January 9, 2004, Released
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Overview: In custody modification case where parties had joint custody, no parent was expressly preferred, and mother had custody of children six days out of every two weeks, trial court should have applied best interest standard in determining custody.
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