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| KGS Steel, Inc. v. McInish, 2040526,
COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2005, Released
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Overview: In the employee's workers' compensation case, he failed to prove causation by clear and convincing evidence as required by Ala. Code ¿ 25-5-81(c). The pain specialist and surgeon provided evidence of possible causation, but possible causation did not satisfy the clear and convincing evidence standard.
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| Madix, Inc. v. Champion, 2030871,
COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2005, Released
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Overview: Despite the fact that an employee's testimony implied that his employment contributed to his injuries, absent medical testimony establishing more than a "possibility" or "guess" as to the issue of causation, the employee failed to prove medical causation by clear and convincing evidence.
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| Pardue v. Pardue, 2030620,
COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2005, Released
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Overview: While a father presented sufficient evidence supporting a credit equal to his entire child support arrearage, it was error for the trial court to order a disabled and unemployed mother to pay child support, impute income based on her future Social Security benefit, and without finding either voluntary unemployment or voluntary underemployment.
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| Sumlin v. Sumlin, 2040238,
COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2005, Released
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Overview: Even assuming that a wife demonstrated the existence of a meritorious defense in her answer, her failure to demonstrate the existence of the remaining Kirtland factors supported a denial of relief from a default judgment entered against her. Further, counsel knowingly disregarded the trial court's order and advised the wife not to appear in court.
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