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| Ala. Workmen's Comp. Self-Insurers Guar. Ass'n v. Wilson, 2040523,
COURT OF CIVIL APPEALS OF ALABAMA, June 16, 2006, Released
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Overview: Judgment awarding employee workers' compensation benefits was reversed as there was not substantial evidence under Ala. Code § 25-5-81(e)(2) that employee's arms, neck, and shoulder were components of employee's wrist injuries such that there was interference with their efficiency to enable employee to recover benefits beyond scheduled amount.
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| Bd. of Sch. Comm'rs v. Dunn, 2040708,
COURT OF CIVIL APPEALS OF ALABAMA, June 16, 2006, Released
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Overview: Hearing officer's decision to revoke cancellation of basketball coach's employment contract was arbitrary and capricious under Ala. Code § 16-24-10(b) as decision to categorize coach's actions into those of wonderful teacher versus those of basketball coach, who lacked basic capabilities to responsibly lead young men, set dangerous precedent.
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| Boles v. Parris, 1030744,
SUPREME COURT OF ALABAMA, June 16, 2006, Released
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Overview: A county hospital was a governmental agency and a cap of damages in a wrongful death action was therefore proper under Ala. Code § 11-93-2 (2005), and apportionment of damages against the hospital, a physician, and a surgical center as joint tortfeasors was against public policy and longstanding case precedent.
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| Bradley Outdoor, Inc. v. City of Florence , 2040915, 2040916,
COURT OF CIVIL APPEALS OF ALABAMA, June 16, 2006, Released
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Overview: Circuit court properly granted summary judgment to a city against a billboard company that challenged a city moratorium on building billboards because 1971 Ala. Acts 2135, the act under which the moratorium was enacted, was constitutional under Ala. Const. art. IV, §§ 104(18), 105, and 106.01.
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| Brown v. K & V Auto., Inc., 2050067,
COURT OF CIVIL APPEALS OF ALABAMA, June 16, 2006, Released
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Overview: Partial summary judgment for seller on buyer's fraud claim was reversed as there was evidence that seller suppressed material fact that it had duty to disclose under Ala. Code § 32-8-87(p) as fact that buyer signed documents indicating that she was purchasing vehicle "as is" did not relieve seller of its obligation to comply with § 32-8-87(p).
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| Johnson v. Brookwood Med. Ctr., 1040395,
SUPREME COURT OF ALABAMA, June 16, 2006, Released
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Overview: Two-year wrongful death limitations period of Ala. Code § 6-5-410(b) (2005) applied to a medical-malpractice/wrongful death action, and the discovery rule provisions of the Alabama Medical Liability Act, Ala. Code § 6-5-482(a) (2005) did not operate to extend the period due to a mere claim of fraudulent concealment.
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| Miller v. Harris, 2041084,
COURT OF CIVIL APPEALS OF ALABAMA, June 16, 2006, Released
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Overview: Because there was original unity of ownership of the lands in dispute and because a sister could reasonably expect to use an existing road over the brother's property in the same way that their father did, the trial court properly found an easement by implication; the trial court was ordered to sufficiently describe the entire easement on remand.
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| Sorrell v. King, 1040517,
SUPREME COURT OF ALABAMA, June 16, 2006, Released
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Overview: In medical malpractice action, doctor was entitled to summary judgment because patient was unable to present sufficient evidence to create a genuine issue of material fact on the issue of whether an object left in patient was proximate cause of the patient's injuries due to the fact that the patient was precluded from presenting expert testimony.
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| State Farm Fire & Cas. Co. v. Evans, 1021370,
SUPREME COURT OF ALABAMA, June 16, 2006, Released
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Overview: Trial court erred in granting class certification pursuant to Ala. R. Civ. P. 23(b)(3) for an action by policy holders against an insurer alleging premium overcharges because individual inquiries would be required to establish mistake by the insurer as to each policy, so individualized inquiries predominated, precluding class certification.
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| T.W. v. Madison County Dep't of Human Res., 2050310,
COURT OF CIVIL APPEALS OF ALABAMA, June 16, 2006, Released
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Overview: Trial court erred in dismissing dependency petition under Ala. Code § 12-15-71 as trial court had granted shelter-care custody of child to county department of human resources and had placed child in physical custody of father and dismissal effectuated transfer of permanent custody to father without hearing to consider child's best interests.
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