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   State Courts - Alabama - October 21, 2005
  
Cont'l Nat'l Indem. Co. v. Fields, 1040379, SUPREME COURT OF ALABAMA, October 21, 2005, Released
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Overview: As decedent's tort claim against uninsured motorist did not survive her death, her personal representative could not recover UM benefits from insurers since she could not establish that estate was "legally entitled to recover damages" against the uninsured motorist, a condition precedent to the recovery of UM benefits under Ala. Code ? 32-7-23(b).

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Davis v. Riley, 2040692, COURT OF CIVIL APPEALS OF ALABAMA, October 21, 2005, Released
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Overview: Although plaintiff (an inmate), had not alleged in his complaint that he was the personal representative of his brother's estate so as to have empowered him to have brought a wrongful-death action, he was not required to prove his capacity to sue in the absence of the State's specific denial, under Ala. R. Civ. P. 9(a), of his capacity to sue.

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Ex parte Ala. Dep't of Youth Servs., 1040649, SUPREME COURT OF ALABAMA, October 21, 2005, Released
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Overview: State supreme court granted state youth services department's petition for writ of mandamus and issued the writ; state youth services department demonstrated that it was entitled to an Ala. R. Civ. P. 26(c) protective order since the investigative reports that the trial court ordered to be produced were protected work-product.

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Ex parte Bill Heard Chevrolet, Inc., 1040546, SUPREME COURT OF ALABAMA, October 21, 2005, Released
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Overview: Auto dealer was entitled to mandamus relief compelling arbitration of fraud, deceit, and conversion claims arising out of purchase agreement, as the transactions made by the parties were subject to a mandatory arbitration provision. Also, it was an abuse of discretion to allow the customer discovery without a showing as to why such was justified.

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Ex parte E.J.M., 1040160, SUPREME COURT OF ALABAMA, October 21, 2005, Released
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Overview: Defendant did not have procedural due process right to have court-appointed psychiatrist expert of his choosing at juvenile court hearing since juvenile court had already provided him with court-appointed, independent psychiatrist. Hearing was to determine whether case was to be transferred for defendant to be tried as adult for capital murder.

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Ex parte Harris, 1041332, SUPREME COURT OF ALABAMA, October 21, 2005, Released
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Overview: Unless the Court of Criminal Appeals, in remanding a case, directed a return to its remand order, the Supreme Court of Alabama treated its decision as final, and thus, a petition for a writ of certiorari would lie as to both the State and a defendant. If the court did not direct its return to its remand order, then it did not retain jurisdiction.

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Freightliner, L.L.C. v. Whatley Contract Carriers, L.L.C., 1040055, SUPREME COURT OF ALABAMA, October 21, 2005, Released
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Overview: Where a manufacturer was shown to have had no duty to disclose facts it had regarding its Mexico plant, a trial court erred in granting a purchaser of 40 trucks a judgment on a suppression claim.

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Green v. Daughtrey, 2040271, COURT OF CIVIL APPEALS OF ALABAMA, October 21, 2005, Released
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Overview: Trial court erred in holding a separate bench trial in one case before holding a jury trial in a second case, when the claims of the parties shared a common fact question, specifically, who owned the property at issue, as such failed to ensure that a party's right to a jury trial was not weakened or eliminated by collateral estoppel.

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Hayes v. Estate of Reynolds, 2040677, COURT OF CIVIL APPEALS OF ALABAMA, October 21, 2005, Released
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Overview: The court reversed summary judgment that was in favor of children of a testator and that invalidated a contested will for lack of testamentary capacity where beneficiary under contested will presented evidence to show that testator was aware of extent of his property and was writing children out of contested will because he was upset with them.

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Hummel v. Baldwin County, 2030902, COURT OF CIVIL APPEALS OF ALABAMA, October 21, 2005, Released
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Overview: Where benefits for county employees under 1995 Ala. Acts 95-581 was at issue, there was a genuine issue regarding whether employee, originally hired as a deputy sheriff but latter assigned to position of court security officer, was a county employee. If he did not act as the alter ego of the Sheriff, Act would have secured his right to benefits.

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