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   State Courts - Alabama - March 15, 2002
  
AAA Cooper Transp. v. Philyaw, 2000643, COURT OF CIVIL APPEALS OF ALABAMA, March 15, 2002, Released
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Overview: Employee's injuries were work-related as his testimony about how accident occurred was substantial evidence of causation; employee proved medical causation where doctors testified that accident caused back injuries and loss of bladder control.

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Alfa Mut. Ins. Co. v. Small, 1001819, SUPREME COURT OF ALABAMA, March 15, 2002, Released
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Overview: Trial court did not err determining that driver had girlfriend's express permission to drive her vehicle as girlfriend had unmistakably ordered driver to return car to home, thus driver had express, if begrudging, permission to drive vehicle.

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Broughton v. Allstate Ins. Co., 2000817, COURT OF CIVIL APPEALS OF ALABAMA, March 15, 2002, Released
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Overview: After daughter's death in vehicle accident, administratrix was barred from seeking uninsured-motorist benefits in situation where daughter could not sue driver, as the liability claim and uninsured-motorist claim were made under same policy.

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Earheart v. Earheart, 2000541, COURT OF CIVIL APPEALS OF ALABAMA, March 15, 2002, Released
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Overview: Since trial court had opportunity to observe husband and wife, their demeanor, and to weigh veracity of their testimony as well as documentary evidence, there was no abuse of discretion in division of property and refusal to award wife alimony.

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Ex parte Cole, 1010079, SUPREME COURT OF ALABAMA, March 15, 2002, Released
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Overview: Trial court lacked subject matter jurisdiction to accept defendant's guilty plea on second-degree robbery charge as indictment alleged only facts sufficient to show first-degree robbery and he could not agree to plead guilty to invalid indictment.

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Ex parte Lucas, 1001508, SUPREME COURT OF ALABAMA, March 15, 2002, Released
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Overview: Defendant properly claimed ineffective assistance based on counsel's failure to object to the introduction of allegedly noncertified records of a prior conviction used to enhance his sentences, so the case was remanded to review the records.

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Feagin v. Stokes, 2001007, COURT OF CIVIL APPEALS OF ALABAMA, March 15, 2002, Released
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Overview: Trial court abused its discretion in dismissing inmate's civil suit for failure to prosecute as he tried, unsuccessfully, to secure his presence at trial and to obtain leave of court to preserve his testimony for trial.

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Fed. Ins. Co. v. I. Kruger, Inc., 1001096, SUPREME COURT OF ALABAMA, March 15, 2002, Released
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Overview: Subcontractor prevented from fulfilling its obligations could recover under payment bond as contract's "pay-when-paid" clause was timing mechanism rather than condition precedent and was no defense to surety's liability under bond.

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Fountain v. Fountain, 2001120, COURT OF CIVIL APPEALS OF ALABAMA, March 15, 2002, Released
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Overview: Trial court erred in awarding husband the right to claim the income tax dependency exemption for minor daughter without stating reasons why, and trial court's denial of minor daughter's postminority educational support was premature.

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Holley v. Holley, 2001022, COURT OF CIVIL APPEALS OF ALABAMA, March 15, 2002, Released
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Overview: Trial court's failure to apply child support guidelines in determining amount of support was reversible error as the appellate court could not determine how the trial court reached its child support determination.

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