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   State Courts - Alabama - May 7, 2004
  
Ex parte Sawyer, 1020888, SUPREME COURT OF ALABAMA, May 7, 2004, Released
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Overview: Forum non conveniens required that wrongful death action be transferred to Morgan County, Alabama, as incident occurred there, nearly all of the witnesses lived and worked there, and all but one of named defendants lived and worked in the area.

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Ex parte Sawyer, 1021194, SUPREME COURT OF ALABAMA, May 7, 2004, Released
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Overview: Trial court abused its discretion in denying defendants' motion to transfer a wrongful death action to the county in which the incident occurred and where nearly all witnesses resided in or around, and all, but one, of defendants lived and worked.

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Farmer v. City of Dothan, 2021129, COURT OF CIVIL APPEALS OF ALABAMA, May 7, 2004, Decided
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Overview: Trial court erred in converting defendants' motion to dismiss to a summary judgment motion without notice to the landowners and without giving the landowners the opportunity to submit materials in opposition.

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Jim Walter Res., Inc. v. Riles, 2020539, COURT OF CIVIL APPEALS OF ALABAMA, May 7, 2004, Decided
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Overview: Workers' compensation claimant's psychological injuries were compensable, as the claimant was thrown against a support pillar by an explosion, causing neck and shoulder injuries, which at least contributed to his post-traumatic stress disorder.

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Kelly v. Kelly, 2021052, COURT OF CIVIL APPEALS OF ALABAMA, May 7, 2004, Decided
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Overview: Trial court's failure to award a wife part of the husband's retirement account was an abuse of discretion, especially where it awarded a minimal amount of periodic alimony, given the fact that her earning potential was much less than the husband's.

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Packaging Acquisition Corp. v. Hicks, 1030148, SUPREME COURT OF ALABAMA, May 7, 2004, Released
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Overview: Dismissal of buyer's counterclaim for breach of warranty as third-party beneficiary under purchase agreement was reversed as agreement contained no temporal reference other than time contract was formed and had to be given its plain meaning.

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Pruitt v. State, 1030328, SUPREME COURT OF ALABAMA, May 7, 2004, Released
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Overview: Where defendant did not object to the admission of evidence of prior DUI convictions or argue that the enhancement to a felony conviction violated due-process, the appellate court erred in reversing the conviction and sentence.

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S.J.R. v. F.M.R., 2011261, COURT OF CIVIL APPEALS OF ALABAMA, May 7, 2004, Decided
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Overview: Where a child's statements to a non-medical expert were not made for the purpose of medical diagnosis or treatment, but were made so that the expert could make an assessment and recommendation for custody, the statements were inadmissible hearsay.

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Smith v. AmSouth Bank, Inc., 1022090, SUPREME COURT OF ALABAMA, May 7, 2004, Released
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Overview: Bank owed no duty to an auto dealer to prevent an employee from improperly depositing checks, made payable to the dealer's company, into an account the employee opened in the company's name since the employer entrusted the checks to the employee.

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