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   State Courts - Alabama - June 7, 2002
  
Forest River v. Posten, 2000954, COURT OF CIVIL APPEALS OF ALABAMA, June 7, 2002, Released
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Overview: Due to serious devalue of buyers' RV and fact that it could not be made free of defects, damages award in their favor for breach of warranty and mental anguish was proper. As they prevailed, they were also entitled to attorney's fees.

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Harris v. Shelton, 2991239, COURT OF CIVIL APPEALS OF ALABAMA, June 7, 2002, Released
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In re N.D.M., 2010381, COURT OF CIVIL APPEALS OF ALABAMA, June 7, 2002, Released
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Overview: The juvenile court could not order the Alabama Department of Mental Health and Mental Retardation to pay for the juvenile's care and maintenance before the department had facilities available to accept the juvenile for treatment.

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Mastec N. Am., Inc. v. Holton, 2010103, COURT OF CIVIL APPEALS OF ALABAMA, June 7, 2002, Released
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Overview: The employee's injury while jumping into an unfamiliar river from a rope swing did not arise out of or in the course of his employment; it did not occur during a scheduled break and was not a reasonable method to cool off.

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Melcher v. Am. Cast Iron & Pipe Co., 2001279, COURT OF CIVIL APPEALS OF ALABAMA, June 7, 2002, Released
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Overview: Employee's petition to reopen workers' compensation claim was properly denied, as his injury-related absenteeism was a deliberate violation of employer's policy, after employee had been warned about it.

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Mid-South Elec. Co. v. Jones, 2010049, COURT OF CIVIL APPEALS OF ALABAMA, June 7, 2002, Released
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Overview: Employee's decision to conceal work-related injury, to seek medical treatment under health insurance, and to take disability leave from work instead of filing workers' compensation claim barred her from seeking workers' compensation benefits.

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Pittsburg & Midway Coal Mining Co. v. Rubley, 2001039, COURT OF CIVIL APPEALS OF ALABAMA, June 7, 2002, Released
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Overview: While trial court correctly determined that decedent suffered an accidental fall in the course of his employment, it erred in determining that fall arose out of his employment, where pre-existing condition could have been contributing factor.

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Robino v. Kilgore, 1002052, SUPREME COURT OF ALABAMA, June 7, 2002, Released
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Overview: Because a default order divested the co-owner of any interest in the real property, he had no basis on which to continue as a party and was not injured by the trial court's subsequent confirmation of the property's sale.

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Sloane v. McQuinn, 2010037, COURT OF CIVIL APPEALS OF ALABAMA, June 7, 2002, Released
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Overview: While trial court properly applied best interests standards in changing a custody order in favor of father, it erred in determining that father had met his burden under that standard as the father did not provide a stable home for the children.

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Sol v. Miller, 2001066, COURT OF CIVIL APPEALS OF ALABAMA, June 7, 2002, Decided
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Overview: The husband clearly released his interest in the family trust. There was no child-support arrearage because the husband satisfied the court's interim order and final judgment. Consideration of college expenses was premature.

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