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   State Courts - Alabama - August 20, 2004
  
Brasier v. Norfolk S. Ry. Co., 1022095, SUPREME COURT OF ALABAMA, August 20, 2004, Released
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Overview: Summary judgment for railroad was reversed as railroad was not shielded from strict liability for Federal Safety Appliance Act violation where an employee was performing a routine operation in use of railcars, not an inspection, when he was injured.

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Brown v. Brown, 2030146, COURT OF CIVIL APPEALS OF ALABAMA, August 20, 2004, Decided
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Overview: It was abuse of discretion to dismiss without prejudice inmate's appeal of dismissal of attorney malpractice suit for failure to attend scheduling conference as statute of limitations effectively barred refiling and there were no pretrial motions.

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J.W.J. v. P.K.R., 2030304, COURT OF CIVIL APPEALS OF ALABAMA, August 20, 2004, Decided
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Overview: Juvenile court was directed to set aside its void order awarding child's grandparents visitation rights with the child as the child was not otherwise before the juvenile court. Juvenile court did not have subject-matter jurisdiction over action.

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R.P. Indus. v. S & M Equip. Co., 1021727, SUPREME COURT OF ALABAMA, August 20, 2004, Released
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Overview: Subcontractor was properly awarded attorney's and consultant's fees, as well as interest, where its contractor breached its subcontract, failed to object to the award, and the award was not an abuse of an arbitration panel's expressed authority.

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Regions Bank v. Lee, 1021436, SUPREME COURT OF ALABAMA, August 20, 2004, Released
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Overview: Class certification order regarding a fraudulent-suppression claim against a trustee bank was vacated where the bondholders' individual issues predominated over common issues, damages were undetermined, and individual reliance was in issue.

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Sosebee v. Sosebee, 2030047, COURT OF CIVIL APPEALS OF ALABAMA, August 20, 2004, Decided
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Overview: Husband was required to continue paying alimony as both parties lived paycheck-to-paycheck and wife had a monthly shortfall. Wife's support of the parties' adult daughter was not properly considered in determining the husband's alimony obligation.

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Stewart v. Brinley, 1020925, SUPREME COURT OF ALABAMA, August 20, 2004, Released
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Overview: Where in a prior litigation a counterclaim presented the choice of asserting a compulsory counterclaim or incurring a res judicata bar to the claims, said claim in a subsequent action was barred.

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T.C. v. Cullman County Dep't of Human Res., 2030376, 2030389, COURT OF CIVIL APPEALS OF ALABAMA, August 20, 2004, Decided
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Overview: Order terminating parental rights was upheld; while a department of human resources report was inadmissible hearsay, its admission was harmless error as it amounted to cumulative evidence as to the mother and did not prejudice the father's rights.

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Tom's Foods, Inc. v. Carn, 1021095, 1021155, SUPREME COURT OF ALABAMA, August 20, 2004, Released
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Overview: Even if vendor and competing seller were not parties to a set contracts, competitor's privilege applied to seller's allegation that vendor tortiously interfered with a relationship existing between retailer's vending-account customers and the seller.

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V.I. Prewett & Son, Inc. v. Brown, 2030343, COURT OF CIVIL APPEALS OF ALABAMA, August 20, 2004, Decided
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Overview: Trial court did not err in determining an employee was permanently and partially disabled and that her fibromyalgia developed as a result of the employee's on-the-job injury, but trial court erred in not crediting the employer for TPD benefits.

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