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   State Courts - Alabama - December 10, 2004
  
Beard v. Mobile Press Register, Inc., 2030441, COURT OF CIVIL APPEALS OF ALABAMA, December 10, 2004, Decided
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Overview: Where an administratrix was limited to the remedies provided for under the Alabama Workers' Compensation Act, and she failed to pursue those remedies, summary judgment was properly entered against her numerous tort-based claims regarding liability.

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Culbreth v. Watson, 2030155, COURT OF CIVIL APPEALS OF ALABAMA, December 10, 2004, Decided
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Ex parte Carroll, 1031790, SUPREME COURT OF ALABAMA, December 10, 2004, Released
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Ex parte Martin, 1022040, SUPREME COURT OF ALABAMA, December 10, 2004, Released
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Overview: Death penalty sentence was reversed and defendant's case was remanded because the trial court failed to give proper consideration to the mitigating factor of the jury's recommendation of life without parole.

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F.G.W. v. S.W., 2030720, COURT OF CIVIL APPEALS OF ALABAMA, December 10, 2004, Decided
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Overview: Where petition alleged that children were dependent, parental presumption was inapplicable, and standard was best interests of child. It was unnecessary to find mother unfit when dependency was found and custody was placed with grandparents.

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Home Ins. Co. v. Montgomery County Comm'n, 1030260, SUPREME COURT OF ALABAMA, December 10, 2004, Released
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Overview: Alabama court erred in refusing to honor stay issued by New Hampshire court with regard to insolvent insurer. New Hampshire was reciprocal state under Uniform Insurers Liquidation Act and was entitled to have its stay honored by trial court.

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Houserman v. Garrett, 1030587, 1030789, SUPREME COURT OF ALABAMA, December 10, 2004, Released
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Overview: Judgment against doctor was reversed as jury charge did not convey adequately to the jury the ability of the doctor, once a patient had made a prima facie showing of negligence, to demonstrate compliance with the standard of care and avoid liability.

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L.A.M. v. B.M., 2030734, COURT OF CIVIL APPEALS OF ALABAMA, December 10, 2004, Decided
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Overview: Father's petition for modification of custody was properly granted as mother made it difficult for father to exercise his visitation rights, child was unsupervised at times while she was with mother, and mother was involved in lesbian relationship.

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Minnifield v. Ashcraft, 2030328, COURT OF CIVIL APPEALS OF ALABAMA, December 10, 2004, Decided
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Overview: Summary judgment for a tattoo business and its owner was reversed as a release signed by the injured party did not cover a claim based on the publication of photographs, as opposed to the injured party's decision to obtain a tattoo.

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NHC Healthcare v. Jones, 2030434, COURT OF CIVIL APPEALS OF ALABAMA, December 10, 2004, Decided
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