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   State Courts - Alabama - June 20, 2003

  
Drummond Co. v. Myers, 2020120, COURT OF CIVIL APPEALS OF ALABAMA, June 20, 2003, Released
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Overview: Trial court erred in compensating an employee's hearing loss as a whole body disability, where the employee failed to prove that the effects of said loss extended to other parts of his body and interfered with their efficiency.

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Ex parte Hunter, 1021296, SUPREME COURT OF ALABAMA, June 20, 2003, Released
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Ex parte Phenix Rental Ctr., 1012284, SUPREME COURT OF ALABAMA, June 20, 2003, Released
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Overview: Certiorari was granted where the circuit court erred in awarding an employee benefits based on his permanent and total disability despite the fact that he had not reached maximum improvement, requiring reversal for further evidentiary proceedings.

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Ex parte Progress Rail Servs. Corp., 1012357, SUPREME COURT OF ALABAMA, June 20, 2003, Released
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Overview: Employee's injury and resulting death were covered under the Alabama Workers' Compensation Act; therefore, the Act's exclusive remedy provisions barred the employee's survivors from suing the employer for failure to provide a safe place to work.

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Kids' Klub, Inc. v. State Dep't of Human Res., 2010453, COURT OF CIVIL APPEALS OF ALABAMA, June 20, 2003, Decided
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Overview: Circuit court did not err in determining that the administrative decision of a state department to revoke a nighttime care license of a child care center was not illegal, capricious, or unsupported by the evidence.

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Lee v. Minute Stop, Inc., 1012303, SUPREME COURT OF ALABAMA, June 20, 2003, Released
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Overview: Where an individual failed to prove malicious prosecution, and officers had probable cause to arrest him, the various tort claims he sued upon were properly summarily dismissed. Given probable cause to arrest, the officers and the city were immune.

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M.C. v. L.J.H., 2011043, COURT OF CIVIL APPEALS OF ALABAMA, June 20, 2003, Released
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Overview: In a paternity matter transferred to the appellate court, the requirements that trial court certify record as adequate or parties stipulate to facts or parties stipulate only questions of law certified by court were involved were not complied with.

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Murphy v. Benvenuto, 2011257, COURT OF CIVIL APPEALS OF ALABAMA, June 20, 2003, Released
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Nationwide Ins. Co. v. Nicholas, 2020159, COURT OF CIVIL APPEALS OF ALABAMA, June 20, 2003, Decided
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Overview: Alabama's Uninsured Motorist Statute did not authorize husband to reject UM coverage on behalf of his wife, and because wife did not reject UM coverage, she was not precluded from seeking UIM benefits after her son was killed by intoxicated driver.

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Reynolds v. Colonial Bank, 1020186 and 1020187, SUPREME COURT OF ALABAMA, June 20, 2003, Released
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Overview: Trial court was without jurisdiction to enter orders condemning a settlement in a fraud action and awarding attorney fees because an appeal of the final judgment was pending in the case and the orders were not collateral to the appellate issues.

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