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| Gardner v. State Farm Mut. Auto. Ins. Co., 2000279,
COURT OF CIVIL APPEALS OF ALABAMA, January 18, 2002, Released
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Overview: Summary judgment was proper for conversion and wanton supervision claims but not for negligent supervision claim where trier of fact could have found insurer and agent knew, or should have known, of employees' alleged incompetency.
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| Guarisco v. City of Daphne, 1000263,
SUPREME COURT OF ALABAMA, January 18, 2002, Released
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Overview: Issuance of warrant did not violate constitution because agreement between city and development group constituted ordinary commercial contract and purchase of land for, and construction of, parking lot was for public purpose.
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| Harold Allen's Mobile Home Factory Outlet, Inc. v. Butler, 1002000,
SUPREME COURT OF ALABAMA, January 18, 2002, Released
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Overview: The writ of mandamus was denied because the circuit court's holding that the arbitration clause was unconscionable created a lapse that triggered the trial court's authority to appoint an arbitrator under federal arbitration law.
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| Jim Burke Auto., Inc. v. McGrue, 1000831, 1000877, 1000972, 1000973, 1000980, 1000981,
SUPREME COURT OF ALABAMA, January 18, 2002, Released
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Overview: Though car buyer's dispute with car dealer was contractually subject to mandatory arbitration, the contract's arbitration clause was not so broad as to oblige the buyer to arbitrate her disputes with other dealers who did not sign the contract.
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| Keck v. Dryvit Sys., 1001175,
SUPREME COURT OF ALABAMA, January 18, 2002, Released
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Overview: Homeowners did not have claim against defendants as defective exterior insulation system was not a product under Alabama Extended Manufacturer's Liability Doctrine and defendants had no duty to homeowners as subsequent purchasers of home.
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| Small v. Bradley, 2000724,
COURT OF CIVIL APPEALS OF ALABAMA, January 18, 2002, Released
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Overview: Trial court should have been aware that jury's question indicated confusion and should have made reasonable effort to notify parties or answer the question. Trial court did not err in refusing to give modified jury instruction.
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| Telfare v. City of Huntsville, 1000357,
SUPREME COURT OF ALABAMA, January 18, 2002, Released
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Overview: City did not have discretionary immunity to wrongdoer's state law claims arising out of police officer's arrest of wrongdoer for misdemeanors not committed in officer's presence.
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| Willis v. Univ. of N. Ala., 1001007,
SUPREME COURT OF ALABAMA, January 18, 2002, Released
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Overview: Where university built parking deck across from property owner's house, it was not required to compensate owner; university was not subject to provision of state constitution as it was part of state and provision did not apply to the state.
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