Alabama, November, 2004, State Case law

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State Courts - Alabama - November 19, 2004

Kimberly-Clark Corp. v. Sawyer, 2030460, COURT OF CIVIL APPEALS OF ALABAMA, November 19, 2004, Released
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Overview: Since a determination that an employer was liable for a worker's asbestos related death was at least partially based on improperly admitted expert evidence, a remand for a determination of liability in the absence of such evidence was required.

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Miller & Miller Constr. Co. v. Madewell, 2030509, COURT OF CIVIL APPEALS OF ALABAMA, November 19, 2004, Released
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Overview: In a dispute between an employer and an employee after the employee's recovery in a third-party tort action, trial court's determination of the employer's net future-medical-expense credit was incorrect, and additional attorney fee was unauthorized.

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Savelle v. Armstrong, 2030340, COURT OF CIVIL APPEALS OF ALABAMA, November 19, 2004, Released
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Overview: Trial court erred in entering a judgment as matter of law for farm's owners as their son, who moved fence line, needed owners' permission to do so and did not fill in all of original post holes. Injured party fell into hole and broke her leg.

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Smith v. Bullock County Bd. of Educ., 2030476, COURT OF CIVIL APPEALS OF ALABAMA, November 19, 2004, Released
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Overview: Contract school principal was properly dismissed after an audit revealed a shortfall in athletic receipts; by statute and school board policy the principal was personally responsible for supervising the school's financial affairs.

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