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| Chandler v. State, 2020233,
COURT OF CIVIL APPEALS OF ALABAMA, March 12, 2004, Released
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Overview: Although court erred in allowing testimony of commissioner who did not apply before and after rule in valuing property in partial taking case, error was harmless; jury, in accordance with jury instruction, disregarded commissioner's valuation.
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| Ex parte Gartman, 1030318,
SUPREME COURT OF ALABAMA, March 12, 2004, Released
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| Halsey v. Dillard's, Inc., 2021036,
COURT OF CIVIL APPEALS OF ALABAMA, March 12, 2004, Released
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Overview: Trial court erred by awarding worker PPD benefits before he had reached maximum medical improvement (MMI) on all his injuries, and case was remanded for findings as to whether he reached MMI and his entitlement to any temporary disability benefits.
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| Jordan v. Cont'l Airlines, Inc., 2020870,
COURT OF CIVIL APPEALS OF ALABAMA, March 12, 2004, Released
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Overview: Summary judgment was properly granted against a personal representative, where she failed to create a genuine fact issue as to the cause of decedent's death, and she was unable to recover mental anguish damages resulting from a breach of contract.
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| Osborn v. Champion Int'l Corp., 1020276 and 1020325,
SUPREME COURT OF ALABAMA, March 12, 2004, Released
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Overview: Where an adjoining landowner failed to prove that a road across a second landowner's property ever became a public road through prescription, a presumption existed that the adjoining landowner's use was permissive.
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| Sellers v. Sellers, 2021230,
COURT OF CIVIL APPEALS OF ALABAMA, March 12, 2004, Released
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Overview: Where former husband's and former wife's wealth substantially increased since their divorce, and husband was able to meet his obligation to pay alimony and maintain life-insurance policy for wife, court's refusal to terminate alimony was affirmed.
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| Smith v. Huntsville Times Co., 1021999,
SUPREME COURT OF ALABAMA, March 12, 2004, Released
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Overview: Where a well-known police investigator failed to demonstrate actual malice sufficient to defeat a newspaper's summary-judgment motion, judgment was properly granted to the newspaper and its editorial writer in the investigator's defamation action.
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| SouthTrust Bank v. Copeland One, L.L.C., 1020727,
SUPREME COURT OF ALABAMA, March 12, 2004, Released
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Overview: A bank waited until its application for a rehearing to offer a new position concerning the proper construction to be accorded the ambiguity created by the use of "or" in a lease; accordingly, the court declined to entertain the new position.
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| State Farm Mut. Auto. Ins. Co. v. Nix, 1021594,
SUPREME COURT OF ALABAMA, March 12, 2004, Released
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Overview: In an insurance case alleging wrongful conduct by an agent, punitive damages could not be awarded absent proof that the principal knew of the agent's unfitness for employment or authorized, ratified, or benefited from the agent's wrongful conduct.
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