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   State Courts - Alabama - March 8, 2002

  
Bassie v. Obstetrics & Gynecology Assocs. of N.W. Ala., P.C., 1001685, SUPREME COURT OF ALABAMA, March 8, 2002, Released
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Overview: Personal injury claim could not be filed on behalf of party who was "brain dead" at time of filing, even if respiratory and cardiac functions were being maintained by artificial means.

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City of Montgomery v. Casper, 2000839, COURT OF CIVIL APPEALS OF ALABAMA, March 8, 2002, Released
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Overview: City was entitled to an offset from the workers' compensation benefits it owed an employee by the salary she received while continuing to work one-half days for five weeks and one day after her injury.

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Coker v. Penfield Chair Co., 2000806, COURT OF CIVIL APPEALS OF ALABAMA, March 8, 2002, Released
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Overview: Plaintiff personal injury victim failed to prove respondeat superior liability where an employee's use of a furniture company vehicle on the day of the accident was not connected to the employee's duties with the company.

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Creola Land Dev., Inc. v. Bentbrooke Hous., L.L.C., 1002153, SUPREME COURT OF ALABAMA, March 8, 2002, Released
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Overview: Trial court erred in dismissing complaint based on lack of justiciable controversy as the complaint which alleged a cloud on title to property owned by complainant affected substantial rights of the parties and constituted declaratory judgment.

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Estate of Jones v. State Farm Mut. Auto. Ins. Co., 2000996, COURT OF CIVIL APPEALS OF ALABAMA, March 8, 2002, Released
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Overview: Settlement agreement between decedent's attorney and an insurer was unenforceable as the settlement contract was made one day after decedent's death; the attorney's authority to settle the accident claim had terminated with decedent's death.

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Ex parte Cox, 1001829, SUPREME COURT OF ALABAMA, March 8, 2002, Released
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Overview: Mobile home manufacturer could not compel mobile home owners to submit their claim against it to arbitration because it was not signatory to arbitration agreement between owners and seller, and no other party requested arbitration.

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Ex parte Ramsay, 1990758, 1000454, SUPREME COURT OF ALABAMA, March 8, 2002, Released
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Overview: Physician did not show hospital auxiliary had to renegotiate contract requiring his practice at hospital's clinic, after auxiliary paid education costs. Statute of frauds barred alleged contract requiring hospital to pay physician's student loan.

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Ex parte Walter, 1001757, SUPREME COURT OF ALABAMA, March 8, 2002, Released
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Overview: Ordinance prohibiting commercial advertising on navigable waterways regulated protected activity but directly advanced substantial governmental interest in least restrictive effective manner, so conviction for violating ordinance was upheld.

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Farmer v. Farmer, 2000866, COURT OF CIVIL APPEALS OF ALABAMA, March 8, 2002, Released
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Overview: Father's petition to modify was not properly before trial court for failure to pay docketing or filing fee and failure to properly serve mother; failure to properly serve mother and pay deprived trial court of jurisdiction.

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Freed v. Cobb, 2001129, COURT OF CIVIL APPEALS OF ALABAMA, March 8, 2002, Released
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Overview: Summary judgment was improperly granted as original contract and first addendum constituted valid contract, and seller was erroneously trying to form new contract with new payment terms that purchasers were not required to assent to.

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