Alabama, June, 2005, State Case law

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State Courts - Alabama - June 30, 2005

Alfa Mut. Ins. Co. v. Meroney, 2030665, COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2005, Released
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Overview: Because a proper special postjudgment interrogatory to the jury, answered in the affirmative, as to whether an insured intended or expected injury or damage to the affected party prompted application of an exclusion of an insured's coverage, the insurer had no duty to indemnify the insured for the judgment against her.

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Brookwood Health Servs. v. Baptist Health Sys., 2031014, 2031015, COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2005, Released
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Overview: Alabama Certificate of Need Review Board (CONRB) did not act arbitrarily in denying a hospital's certificate of need application, as the CONRB found that granting the application would adversely affect other open-heart-surgery providers in area, and could have concluded from the evidence that this would reduce the aggregate level of cardiac care.

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Bryant v. Robledo, 2030589, COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2005, Decided
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Overview: Summary judgment on a breach of contract and fraud claim against an attorney's bookkeeper was reversed as she could not have engaged in an attorney-client relationship with the clients. However, despite a lack of standing to show a breach of contract with an attorney, a fraudulent inducement claim remained viable.

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Combs v. Wade, 2031151, COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2005, Released
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Overview: Circuit court erroneously affirmed the decision of a Fair Dismissal Act panel upholding an employee's termination from her employment as a college instructor, as a misstatement in the evidence erroneously led to a conclusion, which could not be corrected, that a probationary employee was retained, while a non-probationary employee was terminated.

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Cunningham v. City of Attalla, 2031024, COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2005, Released
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Overview: Because a city was engaged in a governmental function in its use of a warehouse as a storage facility for city property and equipment, it was not in violation of its own zoning ordinance, despite the fact that the warehouse sat within an R-3, rather than an M-1 district. Thus, summary judgment in its favor was upheld.

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Desouza v. Lauderdale, 2031051, COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2005, Released
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Overview: Where buyers testified that they had no knowledge of defects in house until over six years after buying it, and sellers presented no evidence negating this evidence, buyers' negligence claim against sellers did not accrue until some time after purchase, and summary judgment on buyers' negligence claim against sellers was improper.

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Fort James Operating Co. v. Crump, 2020399, COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2005, Decided
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Overview: An employee's claim for workers' compensation was time barred by the two-year statute of limitations and by the notice requirement of Ala. Code ? 25-5-78 because actual notice of the injury was received by the employer well after the 90-day proscribed period and oral notification to a security guard was insufficient.

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Franklin v. City of Athens, 2030606, COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2005, Released
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Overview: Because a city failed to explain why a contractor's duty under Ala. Code ? 11-49-3 relieved the city of its duty to warn of a hazardous condition and there was no proof that someone moved the traffic-control devices after the contractor placed them, neither the city nor the contractor was entitled to summary judgment.

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J.D. v. Tuscaloosa County Dep't of Human Res., 2030911, 2030912, COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2005, Released
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Overview: Because of the mother's drug abuse and DHR's failure to find a suitable alternative for placement, termination of her parental rights to her two children was upheld. Further, as to the putative father, the status exception to the minimum-contacts requirement granted the court personal jurisdiction to adjudicate and terminate his parental rights.

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Jardine v. Jardine, 2030454, COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2005, Decided
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Overview: Because the parties to a divorce judgment failed to timely execute that judgment and the judgment was ambiguous and no longer susceptible to execution in the manner contemplated, the trial court did not err in concluding that the intent of the judgment was to make a 55/45 division between the parties of their retirement accounts.

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