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   State Courts - Alabama - April 19, 2002

  
Bell v. Eagerton, 1000163, SUPREME COURT OF ALABAMA, April 19, 2002, Released
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Overview: Appeal of judgment disqualifying candidate was dismissed as moot where candidate did not seek and obtain injunction to stop election, and did not contest results. Thus, court could not nullify winning candidate's election or order new election.

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Bergob v. Scrushy, 2001252, COURT OF CIVIL APPEALS OF ALABAMA, April 19, 2002, Released
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Overview: Expert testimony of future medical costs for party injured in car collision was properly excluded. Injured party was not contributorily negligent as matter of law when tortfeasor did not yield right of way, assuming injured party was turning.

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Bethea v. Springhill Mem'l Hosp., 1001715, 1001814, SUPREME COURT OF ALABAMA, April 19, 2002, Released
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Overview: Trial court properly denied plaintiffs' motion for new trial on basis of claim that jury improperly considered individual juror's experiences with drug used to induce labor before deciding that child's injuries were not caused by that drug.

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Consol. Constr. Co. v. Quinlan, 2001077, COURT OF CIVIL APPEALS OF ALABAMA, April 19, 2002, Released
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Overview: Trial court did not err by not considering employee's prior work injury, in making workers' compensation award. Employer was not liable for unauthorized medical care and was entitled to credit for all of employee's settlement with co-employee.

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Corbin v. Smith, 1001800, SUPREME COURT OF ALABAMA, April 19, 2002, Released
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Overview: Release which plaintiff signed relieving veterans' home and its employees of liability for wrongful death of his father released doctor in his capacity as medical director of veterans' home but not in his capacity as father's treating physician.

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Davis v. Barnfield, 2001218, COURT OF CIVIL APPEALS OF ALABAMA, April 19, 2002, Released
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Overview: While oral agreement between siblings to transfer real estate was void under statute of frauds, and performance-possession and fraud exceptions did not apply, constructive trust was applicable for sister's abuse of confidential relationship.

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Dillard v. Baldwin County Comm'n, 1001971, SUPREME COURT OF ALABAMA, April 19, 2002, Released
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Overview: State supreme court held that state legislature had not provided for a seven-member county commission in Baldwin County (Alabama) and that commission's resolution authorizing seven-member commission was not passed under authority of state law.

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Ex parte Arthur, 1001789, SUPREME COURT OF ALABAMA, April 19, 2002, Released
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Overview: New trial was improperly denied in personal injury suit where juror shared extraneous information on cause of injured passenger's migraine headaches at point jury was deciding on damages, which neither party had chance to challenge.

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Ex parte Charest, 1010929, SUPREME COURT OF ALABAMA, April 19, 2002, Released
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Ex parte Hall, 1010415, SUPREME COURT OF ALABAMA, April 19, 2002, Released
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Overview: Conviction was reversed where city failed to introduce ordinance it alleged was violated into evidence, despite fact that motion for acquittal was not perfectly phrased. It still put court on notice of a defect, and was preserved for review.

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