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| Ala. Envtl. Council, Inc. v. Ala. PSC, 1030046,
SUPREME COURT OF ALABAMA, May 7, 2004, Released
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Overview: Appeal from an order of a public service commission, regarding approval of a residential utility rate rider, was dismissed where both a council and an alliance were neither statutory parties or intervenors, and thus lacked standing.
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| Alfa Life Ins. Corp. v. Jackson, 1001854 and 1002002,
SUPREME COURT OF ALABAMA, May 7, 2004, Released
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Overview: Trial court lacked authority to make an allocation of punitive damages to a non-party in order to prevent a windfall, but the insureds were to file a remittitur the compensatory and punitive damages award in order to avoid a new trial.
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| BE&K Constr. Co. v. Reeves, 2030080,
COURT OF CIVIL APPEALS OF ALABAMA, May 7, 2004, Decided
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Overview: Substantial evidence supported trial court's findings that, inter alia, an employee was totally and permanently disabled by an on-the-job injury, not a preexisting condition, and that the employee was entitled to benefits for past medical treatment.
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| Chapman v. Smith, 1011863,
SUPREME COURT OF ALABAMA, May 7, 2004, Released
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Overview: Where, in a medical malpractice action, the first of two experts practiced the necessary specialty during the year preceding the alleged breach, that expert was qualified. But, a second expert who was never board-certified was not qualified.
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| City of Hoover v. Phillips, 2021023,
COURT OF CIVIL APPEALS OF ALABAMA, May 7, 2004, Decided
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Overview: Substantial evidence supported workers' compensation benefits award for employee's heart disease as occupational disease as employee's work as firefighter exposed him to more sudden, stressful conditions than ordinarily incident to employment.
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| Cockrell v. State, 1021997,
SUPREME COURT OF ALABAMA, May 7, 2004, Released
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Overview: As the doctrine of transferred intent was inapplicable to an attempted murder charge, the intermediate court correctly reversed defendant's conviction for attempted murder in connection with the shooting of an innocent child bystander.
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| DaimlerChrysler Corp. v. Morrow, 1021866, 1021977,
SUPREME COURT OF ALABAMA, May 7, 2004, Released
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Overview: Use of an alleged defective truck for over a year precluded a breach of implied warranty claim. Also, a customer's rejection of a replacement voided his express warranty claim. Finally, absent evidence to support a fraud claim, such was rejected.
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| Ex parte Barrows, 1030359,
SUPREME COURT OF ALABAMA, May 7, 2004, Released
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Overview: Trial court properly refused to dismiss will contest for lack of subject-matter jurisdiction; filing of complaint in trial court that had been filed in probate court constituted adequate pleading and meant trial court had jurisdiction over case.
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| Ex parte Blankenship, 1030484,
SUPREME COURT OF ALABAMA, May 7, 2004, Released
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Overview: Deputy sheriff and a county were granted mandamus relief dismissing an action which arose from an auto accident involving the sheriff while he was acting within the line and scope of his employment. Thus, he was entitled to sovereign immunity.
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| Ex parte Brookwood Med. Ctr., Inc., 2030333,
COURT OF CIVIL APPEALS OF ALABAMA, May 7, 2004, Decided
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Overview: Circuit court erred in compelling an employer to provide a panel of four pain-management physicians after the employee expressed dissatisfaction with one physician and had already been allowed an employer-nominated panel of four.
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