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| Carraway v. Beverly Enters. Ala., Inc., 1051409,
SUPREME COURT OF ALABAMA, July 20, 2007, Released
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Overview: In wrongful death action, executor failed to show a nursing home's arbitration agreement was unconscionable as (1) agreement gave signatories directions for accessing arbitration rules; (2) executor failed to show that its terms were grossly favorable to the nursing home; and (4) he failed to show that the home had "overwhelming bargaining power."
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| City of Pinson v. Utils. Bd. , 1060369,
SUPREME COURT OF ALABAMA, July 20, 2007, Released
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Overview: As a towns tax ordinance was not a privilege or license tax, but imposed an add-on public utility tax of three per cent of gross sales on natural gas sold by a utilities board to its citizens, pursuant to Ala. Code § 11-50-322, the board was exempt from that tax.
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| Easley v. Huntsville-Madison County Pub. Library, 2051034,
COURT OF CIVIL APPEALS OF ALABAMA, July 20, 2007, Released
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Overview: Judgment was affirmed insofar workers' compensation claimant was found to have 80 percent permanent partial disability, and not permanent total disability under Ala. Code § 25-5-57(a)(4)(d), as videotape of claimant's retirement reception showed no pain behavior or limitations noted by claimant's doctor.
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| Ex parte Ala. DOT, 1060078,
SUPREME COURT OF ALABAMA, July 20, 2007, Released
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Overview: Since a contractor named only the Alabama Department of Transportation as defendant, not its director, its suit was barred by the absolute immunity conferred on state agencies under Ala. Const. art. I, § 14. As the trial court lacked subject matter jurisdiction, it had no authority to allow the contractor to substitute the director as a party.
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| Ex parte Jett, 1060281,
SUPREME COURT OF ALABAMA, July 20, 2007, Released
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Overview: As Ala. R. Crim. P. 24.1 did not, on its face, require that motion for a new trial be filed in the clerk's office, defendant's filing of a written motion for a new trial directly with trial court was sufficient to toll the period within which to file a notice of appeal. Therefore, intermediate appellate court erred in dismissing appeal as untimely.
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| Hennis v. Hennis, 2050713,
COURT OF CIVIL APPEALS OF ALABAMA, July 20, 2007, Released
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Overview: Judgment awarding physical custody of a child to her mother was affirmed, in part, because there was substantial evidence supporting the award. The mother's diabetes was under control, she had stable employment, and her parents would help her take care of the child when necessary.
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| K.E.W. v. T.W.E., 2060187,
COURT OF CIVIL APPEALS OF ALABAMA, July 20, 2007, Released
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Overview: Father was entitled to change of custody of daughter as mother married registered sex offender (stepfather); as matter of law under Ala. Code §§ 15-20-26(c)(4) and 15-20-20.1, it was not in daughter's best interest to share living arrangement with stepfather even though there was significant evidence that he was not threat to daughter.
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| Neeley v. Gateway, Inc., 2050928,
COURT OF CIVIL APPEALS OF ALABAMA, July 20, 2007, Released
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Overview: Judgment was affirmed as business invitee did not rebut corporation's prima facie showing it did not have superior knowledge of danger that standing at service counter would place invitee in door's path when it was opened. Potential for one who was standing at service counter to be struck was as obvious to invitee as to corporation.
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| Parker v. Williams, 1050040; 1050100,
SUPREME COURT OF ALABAMA, July 20, 2007, Decided
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Overview: In clients suit alleging attorney breached guaranty contract, the trial court properly excluded an audiotape of a conversation between the parties, because no matter how compelling the attorneys purported oral promise may have been on the audiotape, it was irrelevant because Ala. Code § 8-9-2(3) required such a guaranty to be in writing.
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