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| Kelley v. Akers, 2991287,
COURT OF CIVIL APPEALS OF ALABAMA, April 20, 2001, Released
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Overview: Transfer of child custody from mother to father was reversed. Modification was not appropriate way to enforce visitation. Visitation problems alone were not sufficient evidence of material change in circumstances.
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| Lovejoy v. Intervest Corp., 2990906,
COURT OF CIVIL APPEALS OF ALABAMA, April 20, 2001, Released
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Overview: To require a person in subsidized housing to pay both HUD's portion and her own portion of rent before appealing an unlawful detainer order would effectively deny her right to appeal, as such person did not have means to pay total amount of rent.
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| McKee v. Hendrix, 2991185, 2000016,
COURT OF CIVIL APPEALS OF ALABAMA, April 20, 2001, Released
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Overview: In dispute arising out of repairs to new home, home builders failed to timely object to buyers' claim for mental anguish. Also, court could not say arbitrator clearly erred in making award for repairs.
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| Parker Hannifin Corp. v. Harrell, 2991102,
COURT OF CIVIL APPEALS OF ALABAMA, April 20, 2001, Released
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Overview: Employee's marijuana use was not a proximate cause of his work-related injury. His history of back problems did not preclude him from recovering workers' compensation benefits, as prior injuries had never affected his ability to perform his job.
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| Pickett v. Pickett, 2990879,
COURT OF CIVIL APPEALS OF ALABAMA, April 20, 2001, Released
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Overview: Mother did not sufficiently demonstrate statement of evidence submitted in place of transcript was incomplete or inadequate; mother relinquished custody to father, rather than parties agreeing to temporarily alter existing custody arrangement.
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| Sharrief v. Gerlach, 1991732,
SUPREME COURT OF ALABAMA, April 20, 2001, Released
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Overview: In wrongful death suit, conflicting testimony as to whether emergency room physician rendered treatment below standard of care was matter for jury. Parents of deceased failed to show gender discrimination in jury selection.
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| Travelers Indem. Co. v. Griner, 1981990, 1992325,
SUPREME COURT OF ALABAMA, April 20, 2001, Released
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Overview: The evidence was sufficient for the jury to find appellants' conduct in withholding prescribed items and treatments so outrageous and extreme as to go beyond all possible bounds of decency, and to be regarded as utterly intolerable.
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| Unicare, Inc. v. Hood, 1991003,
SUPREME COURT OF ALABAMA, April 20, 2001, Released
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Overview: The trial judge erred in not affording appellant an opportunity to be heard on its post-judgment motion. In addition to the damages issue, the hearing on remand was make inquiries addressing appellant's allegations concerning voir dire.
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| Wal-Mart Stores, Inc. v. Reynolds, 2991294,
COURT OF CIVIL APPEALS OF ALABAMA, April 20, 2001, Released
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Overview: Trial court erred by considered evidence of plaintiff's vocational disability before arriving at her permanent partial disability rating and by awarding lump-sum attorney fee without deducting amount of her weekly benefit.
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