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| Alfa Life Ins. Corp. v. Jackson, 1001854, 1002002,
SUPREME COURT OF ALABAMA, November 19, 2004, Released
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Overview: A breach of contract action against insurer based on misrepresentations about life insurance policies was ripe for adjudication when the first premium was paid. Dismissal of tort action against agent precluded insurer's respondeat superior liability.
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| Beachcroft Props. v. City of Alabaster, 1031267,
SUPREME COURT OF ALABAMA, November 19, 2004, Released
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Overview: In a case involving a dispute over the dedication of sewer lines, summary judgment was inappropriate because the trial court failed to dispose of the issue of whether a developer was allowed to refuse to dedicate sewer lines below a dedicated street.
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| Brown v. SouthTrust Bank, 2030391,
COURT OF CIVIL APPEALS OF ALABAMA, November 19, 2004, Released
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Overview: Though a creditor with a secured interest in two vehicles owned them after its debtor filed bankruptcy, a garage where the vehicles were stored was entitled to a storage fee before repossession since creditor had statutorily abandoned the vehicles.
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| Bullin v. Corr. Med. Servs., 2030573,
COURT OF CIVIL APPEALS OF ALABAMA, November 19, 2004, Released
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Overview: Employees' tort actions based upon purely psychological injuries inflicted during the course of their employment were not barred by the Workers' Compensation Act's exclusivity provisions. Thus, summary judgment in the employer's favor was reversed.
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| Coleman v. Smith, 2030198,
COURT OF CIVIL APPEALS OF ALABAMA, November 19, 2004, Decided
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Overview: Where a fact issue remained regarding whether or not a driver's actions prior to becoming involved in an accident causing a passenger's injuries amounted to wantonness, the driver was not entitled to judgment as a matter of law.
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| DRC, Inc. v. Great Am. Ins. Cos., 1031495,
SUPREME COURT OF ALABAMA, November 19, 2004, Released
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Overview: Lessee alleged claim for breach of contract and for declaratory relief where lessee alleged alternatively that its lease for bulldozer ended before bulldozer was stolen and that if lessee was liable to lessor, then insurer was liable to it.
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| Ex parte Stewart, 1031360,
SUPREME COURT OF ALABAMA, November 19, 2004, Released
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Overview: Defendant, a former county commissioner, was improperly convicted of violating an ethics law, as his conviction was based on uncorroborated testimony of an alleged accomplice that did not directly implicate him in a scheme to defraud the county.
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| George H. Lanier Mem'l Hosp. v. Andrews, 1021885,
SUPREME COURT OF ALABAMA, November 19, 2004, Released
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Overview: The act of a hospital and an employee in procuring the donation of a decedent's corneas was not governed by the standard of care in the Alabama Medical Liability Act because no medical injury could have been inflicted upon a decedent.
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| K.W.J. v. J.W.B., 2030805,
COURT OF CIVIL APPEALS OF ALABAMA, November 19, 2004, Released
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Overview: Court erred in denying biological father's contest to adoption on grounds that he failed to maintain significant relationship with child, as he promptly sought legitimation and contested adoption, and adoptive parents denied him contact with child.
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| Kelley v. State, CR-03-2130,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 19, 2004, Released
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Overview: Trial court had no jurisdiction to consider merits of defendant's petition for postconviction relief; petition was not verified by an acknowledgment that it had been signed in the presence of a notary public, as criminal procedure rules required.
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