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| Pritchett v. ICN Med. Alliance, Inc., 1041702,
SUPREME COURT OF ALABAMA, March 10, 2006, Released
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Overview: Given evidence that a lessor should have known that its employee was employing a practice of using wet gauze as a safety device in laser eye surgeries, instead of safety goggles or a corneal shield as instructed, it was erroneously granted summary judgment on claims that it negligently trained and/or supervised its employee and vicarious liability.
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| State v. Redtop Mkt., Inc., 1041740,
SUPREME COURT OF ALABAMA, March 10, 2006, Released
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Overview: Because the parties did not expressly agree to extend the time within which the trial court could rule on the State's motion for a new trial beyond the 90-day period allowed by Ala. R. Civ. P. 59.1, and that consent did not appear of record, then the State's motion was denied by operation of law.
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| Tenet Health Sys. Med., Inc. v. Roberts, 2040679,
COURT OF CIVIL APPEALS OF ALABAMA, March 10, 2006, Released
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Overview: Trial court erred in purporting to retain jurisdiction to allow employee to reopen workers' compensation case should her condition change as settlement agreement did not expressly allow employee to reopen case and there was no statutory authority allowing her to do so. Ala. Code § 25-5-57(a)(4)b (1975) only permitted employer to reopen case.
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