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| Black v. Comer, 1031889,
SUPREME COURT OF ALABAMA, July 15, 2005, Released
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Overview: Summary judgment was improperly entered for a patient in his claim against doctor alleging battery and failure to obtain consent on procedure during which the doctor mistakenly removed patient's kidney because whether doctor failed to satisfy standard of care under Ala. Code ¿ 6-5-548(e) required proof by expert testimony, which was not presented.
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| Miller & Miller Constr. Co. v. Madewell, 2040376,
COURT OF CIVIL APPEALS OF ALABAMA, July 15, 2005, Released
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Overview: When an appellate court ruled that a trial court had erred in awarding attorney fees in a workers' compensation matter which exceeded the amount allowed in Ala. Code ¿ 25-5-11(e) and entered judgment, this established the law of the case, and it was reversible error to grant an employee's motion for attorney fees above this statutory amount.
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| SouthTrust Bank v. Donely, 1031736,
SUPREME COURT OF ALABAMA, July 15, 2005, Released
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Overview: Because an heir's allegations of conversion sounded more like those supporting a breach of contract claim, the trial court erred in submitting the same to the jury and denying a bank's motion for JML as to the same. However, because the bank failed to object to the heir's expert testimony as to her compensatory damages award, such was upheld.
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| T.B. v. Lauderdale County Dep't of Human Res., 2040370,
COURT OF CIVIL APPEALS OF ALABAMA, July 15, 2005, Released
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Overview: Juvenile court retained jurisdiction to terminate a father's parental rights, given its prior award of temporary legal custody. Further, the father's inability to care for the child's bipolar disorder, the child's progress in his foster placement, and the child's desire to discontinue a relationship with his father supported the termination order.
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