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| Ex parte Sumerlin, 1080520,
SUPREME COURT OF ALABAMA, April 24, 2009, Released
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Overview: Mandamus issued to grant summary judgment for supervisor, who was entitled to State-agent immunity in wrongful death case; decision that immediate response was not required was within scope of her authority, documented review of employee's initial assessment of a child was not yet due, and employee caseload did not exceed consent decree's mandate.
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| Francis Powell Enters. v. Andrews, 2070907,
COURT OF CIVIL APPEALS OF ALABAMA, April 24, 2009, Released
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Overview: A trial court's judgment that there was sufficient notice to an employer both complied with Ala. Code § 25-5-88 and was supported by substantial evidence as the record included an "Employer's First Report of Injury," which stated that the worker notified the employer that he had been injured three days earlier.
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| Lyons v. Vaughan Reg'l Med. Ctr., LLC, 1071502,
SUPREME COURT OF ALABAMA, April 24, 2009, Released
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Overview: Medical center was properly granted summary judgment on negligence claim under Alabama Medical Liability Act, Ala. Code § 6-5-480 et seq., because expert's testimony that IV infiltration could possibly cause patient's condition was insufficient to meet plaintiffs' burden. Loss of consortium claim failed, as it was derivative of negligence claim.
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| Phillips v. Dickey, 1061046,
SUPREME COURT OF ALABAMA, April 24, 2009, Released
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Overview: As a bankruptcy court retained jurisdiction over all disputes related to asset purchase agreements, and plaintiff's claims fell within that category, the bankruptcy court had exclusive jurisdiction over those claims. Therefore, the Georgia trial court lacked jurisdiction over plaintiff's lawsuit.
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| Proctor v. Classic Auto., Inc., 2071092,
COURT OF CIVIL APPEALS OF ALABAMA, April 24, 2009, Released
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Overview: Husband of a mentally ill auto lessee did not have standing to assert negligence claim against lessor, as the alleged injury was to the lessee's rights and not his own. Lessor owed him no duty under Alabama Adult Protective Services Act of 1976, Ala. Code § 38-9-1 et seq., as he was not within the class of persons the Act was designed to protect.
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| Southland Bank v. A & A Drywall Supply Co., 1060204,
SUPREME COURT OF ALABAMA, April 24, 2009, Released
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Overview: Members of Alabama Supreme Court did not have to recuse themselves from appeal by corporation and individual based on a reference to the parties' appellate mediation in their original opinion as the Court was not prohibited from merely knowing that a case had been referred to appellate mediation under Ala. R. App. Med. 8 and Ala. R. App. P. 55(d).
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| T.G. v. Houston County Dep't of Human Res., 2070841,
COURT OF CIVIL APPEALS OF ALABAMA, April 24, 2009, Released
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Overview: Mother's parental rights were properly terminated as evidence established that her drug use and lack of contact with her children rendered them dependent and that no other viable alternatives to termination existed, and petition was not time-barred under former Ala, Code § 26-18-5 (current version at Ala. Code § 12-15-317).
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| Tyson v. Tyson, 2070557,
COURT OF CIVIL APPEALS OF ALABAMA, April 24, 2009, Released
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Overview: Trial court's judgment requiring husband to pay $1,250 per month in child support was reversed; while the husband had not indicated to the trial court that he was unable to pay that amount of support, there was no evidence regarding the reasonable and necessary needs of the child as required by Ala. R. Jud. Admin. 32.
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