Alabama, February, 2009, State Case law

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State Courts - Alabama - February 20, 2009

Brown v. W.P. Media, Inc., 1061314, SUPREME COURT OF ALABAMA, February 20, 2009, Released
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Overview: It was improper to enter summary judgment for a media company in a corporation's action alleging that it breached an operating agreement. Although the corporation did not exist when the agreement was executed, the media company's act of entering into a contract with the corporation estopped the media company from denying its corporate existence.

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Cook's Pest Control, Inc. v. Rebar, 1050029, 1050128, SUPREME COURT OF ALABAMA, February 20, 2009, Released
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Overview: It was improper to deny an exterminator's motion for JMOL because homeowners' fraudulent-suppression, fraudulent-misrepresentation, or negligence claims, which were based on the exterminator's preparation of a wood-infestation inspection report pursuant to the purchase contract for their home, were not supported by substantial evidence.

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Ex parte Perch, 1080131, SUPREME COURT OF ALABAMA, February 20, 2009, Decided
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Overview: An inmate's petition for a writ of mandamus directing a circuit court to vacate its decision denying his request under Ala. Code ? 36-12-4 for copies of documents from the files in criminal cases was granted because the judicial records the inmate requested were public writings and were easily identified and readily available.

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Gardner v. State, 2070834, COURT OF CIVIL APPEALS OF ALABAMA, February 20, 2009, Released
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Overview: The State was not entitled to summary judgment in an Ala. Code ? 20-2-93(a)(4) forfeiture case the State failed to establish a lack of genuine issues of fact as to a connection between defendants and a package delivered to another person's home or to connection between currency seized and the facilitation of violation of controlled-substance laws.

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Hammond v. Lovvorn, 2070749, COURT OF CIVIL APPEALS OF ALABAMA, February 20, 2009, Released
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Overview: Order that owner remove a gate across neighbors' easement was error because owner acted reasonably in erecting the gate to prevent dumping and in offering the neighbors a key to the gate to allow them use of the easement. There was no evidence of how often the neighbors visited their property, and the burden on the neighbors appeared negligible.

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Horton v. Perkins, 2080175, COURT OF CIVIL APPEALS OF ALABAMA, February 20, 2009, Released
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Overview: Trial court's ruling that reasonable rental value of a property completely offset present value of a manufactured home on the property was not clearly erroneous; under Ala. R. Evid. 701 and common law, court could consider lay testimony on the issue of property value, and the testimony offered indicated the home detracted from property's value.

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Norandal U.S.A., Inc. v. Graben, 2061070, COURT OF CIVIL APPEALS OF ALABAMA, February 20, 2009, Released
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Overview: In a workers' compensation case, trial court erred in considering employee's subsequent injuries in determining if knee injury extended to and interfered with other parts of body. While knee pain affected ambulation and sleep patterns, remand was necessary for court to make findings as to any other effects of pain on employee's physical abilities.

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Prill v. Marrone, 1050332, SUPREME COURT OF ALABAMA, February 20, 2009, Released
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Overview: It was proper to grant a son and his friend summary judgment in an adminsitratrix's wrongful death suit because the decedent's negligent and unforeseeable actions were sufficient to break any chain of causation between the actions of the son and friend and his death. He intentionally picked up a gun, pointed it at his head, and pulled the trigger.

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Water & Wastewater Bd. v. City of Athens, 2070764, COURT OF CIVIL APPEALS OF ALABAMA, February 20, 2009, Released
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Overview: Because public corporations like water and wastewater boards were agencies of cities they served and employee was an operator under Ala. Code ? 22-25-1(4) and Ala. Admin. Code r. 335-10-1-.02(h), wastewater board was subject to Ala. Code ? 22-25-16 and had to reimburse city for training and certification expenses incurred for employee's training.

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Weeks v. Weeks, 2070489, COURT OF CIVIL APPEALS OF ALABAMA, February 20, 2009, Released
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