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| Abney v. Crosman Corp., 1031571,
SUPREME COURT OF ALABAMA, May 20, 2005, Released
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Overview: Undisputed evidence showed that boy who fired an air gun that killed a girl and mother who bought the gun knew it was dangerous enough to kill, so manufacturer's or seller's alleged failure to warn did not proximately cause girl's death; actual knowledge of danger was affirmative defense to Alabama Extended Manufacturer's Liability Doctrine.
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| Alfa Ins. Co. v. Templeton, 2030217,
COURT OF CIVIL APPEALS OF ALABAMA, May 20, 2005, Released
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Overview: Circuit court erred in awarding damages to an insured on his claim that his insurer breached their insurance contract, as the insured's failure to provide the insurer with a notice of suit filed against him, and the fact that said notice was a prerequisite to a recovery, warranted a finding against the insured.
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| Cochran v. Grubbs, 1040038,
SUPREME COURT OF ALABAMA, May 20, 2005, Released
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Overview: Trial court erred in allowing election challenger to present evidence of election manager's alleged improper conduct and in relying on it as a basis for annulling town's recent mayoral election; election challenger's pretrial notice, required by Ala. Code § 17-15-21 and given to apparent election winner, made no mention of official misconduct.
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| FabArc Steel Supply, Inc. v. Composite Constr. Sys., 1031890,
SUPREME COURT OF ALABAMA, May 20, 2005, Released
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Overview: A trial court erred by granting summary judgment to an erection company as an indemnitor in a third-party action arising out of wrongful-death suit at a construction site because genuine issues of material fact existed as to the degree of control retained by the company and whether it was obligated to name a subcontractor as an additional insured.
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| Morgan Keegan & Co. v. Cunningham, 1031431,
SUPREME COURT OF ALABAMA, May 20, 2005, Released
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Overview: Punitive damages award was reversed and the case was remanded because the trial court erred in denying financial corporations' postjudgment motion for a judgment as a matter of law on the award because the award was not supported by clear and convincing evidence of conduct that would authorize the award under Ala. Code § 6-11-20.
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| Verneuille v. Buchanan Lumber of Mobile, Inc., 1040275,
SUPREME COURT OF ALABAMA, May 20, 2005, Released
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Overview: Summary judgment was properly granted against a bankrupt, and without a motion or entry filed by his trustee, because the trial court was not required to hold the bankrupt's personal injury case in abeyance indefinitely awaiting an entry of appearance by the trustee. Thus, a motion to alter or amend said judgment was also properly denied.
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| Walker v. Walker, 2030388,
COURT OF CIVIL APPEALS OF ALABAMA, May 20, 2005, Released
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Overview: Order directing a father to pay postminority support for his daughter's college expenses was upheld on appeal, after considering the father's estate, earning capacity, or income to provide the same, and given the evidence as to the average amounts of the yearly tuition and expenses the daughter paid, after considering her scholarship and grants.
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| Waltman v. Rowell, 1031960,
SUPREME COURT OF ALABAMA, May 20, 2005, Released
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Overview: Supreme Court of Alabama, in reviewing under Ala. Code § 11-46-39 a trial court's judgment in favor of a challenger in an election contest, found that the trial court's order declaring the challenger to be the winner of the election contest was plainly and palpably erroneous because the incumbent won the election under Ala. Code § 11-46-38.
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| CVS Pharm., Inc. v. Smith, 2040930,
COURT OF CIVIL APPEALS OF ALABAMA, May 26, 2005, Released
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Overview: In an appeal from an order granting an employee workers' compensation benefits, because the trial court failed to determine the specific amount of damages due to the employee, and failed to sufficiently ascertain and declare the rights of the parties so as to constitute a final judgment, the employer's appeal from the same was dismissed.
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