Justia Alabama Supreme Court Opinion Summaries

USA Water Ski, Inc. sought a writ of mandamus to direct the trial court to vacate its discovery order compelling the production of a report that it deemed privileged under the work-product doctrine. Finding that USA Water Ski adequately explained that it's hired expert's post-incident report was prepared because of prospective litigation, the Supreme Court found USA Water Ski had shown the trial court exceeded its discretion in ordering production of the report. Accordingly the Court granted the petition and issued the writ. View "Ewing v. USA Water Ski, Inc." on Justia Law

Petitioner Tonya Cate sought a writ of mandamus to direct the trial court to vacate its order requiring her to submit for a mental examination. She was indicted for capital murder and did not use the not-guilty-by-reason-of-mental-defect defense. At the onset, a mitigation expert was concerned Petitioner had not been subjected to the exam to determine her competency to stand trial. Petitioner's attorney filed a motion for a continuance for his client to be examined, but did not specify that the exam was only to determine competence. The State filed a motion to have Petitioner examined for both current mental condition and competency to stand trial. Petitioner claims to have not been served with a copy of the trial court's order that granted the State's motion, and objected. In her motion to avoid the exam, Petitioner asked in the alternative that if the exam took place, her attorney be present to advise her of her constitutional rights. Before the court ruled on the motion, Petitioner withdrew her original motion, citing the mitigation expert's concerns had been allayed. The court entered its order requiring Petitioner to submit to the examination for then-current mental state and at the time of the alleged crime. Petitioner argued that after withdrawing her own motion for an examination, she could not be compelled to submit for examination. Because Petitioner did not use the mental-defect defense, the Supreme Court concluded that she could not be compelled to submit to the examination. Accordingly the Court granted the petition and issued the writ. View "Cate v. Alabama " on Justia Law

Plaintiff SafetyNet Youth Systems, LLC sued Defendants Guarantee Insurance Company, Patriot National Insurance Group, Randy Thomas, and Paul Harper in Dallas County Circuit Court. Defendants sought the writ of mandamus to direct the Dallas court to grant their motion for a transfer of venue to Lee County. Upon review, the Supreme Court concluded Dallas County was an inappropriate forum, and granted defendant's petition and issued the writ. View "Safetynet Youth Systems, LLC v. Guarantee Insurance Co." on Justia Law

Timmy and Stephanie Blackmon sued Eddie Powell (d/b/a Powell Plumbing Company) for negligence, wantonness, breach of implied warranties and breach of contract following a water-line rupture that caused extensive flooding and water damage. The trial court granted summary judgment in favor of Powell, and the Blackmons appealed. Finding the evidence in the trial court record supported the motion for summary judgment, the Supreme Court affirmed. View "Blackmon v. Powell" on Justia Law

Raymond Patterson appealed the grant of summary judgment in favor of Jai Maatadee, Inc. (d/b/a, R.C. Quick Stop) and its owners. Patterson visited the R.C. Quick Stop to buy gasoline. He stepped on a metal drain cover in between the gasoline pumps and the adjacent interstate and fell. Jai Maatadee argued it owed no duty to Patterson because the grate was on a public right-of-way owned by the State. Jai Maatadee also argued that even if the grate was on its property, it was an open and obvious hazard Patterson should have seen. Upon review, the Supreme Court found that the grant of summary judgment had not considered all of the owners (and former owners) named in Patterson's complaint. The Court concluded that the trial court abused its discretion in certifying Jai Maatadee's judgment as final because the former owners' claims were so intertwined as to make summary judgment inappropriate. The Court dismissed the appeal and remanded the case for further proceedings. View "Patterson v. Jai Maatadee, Inc." on Justia Law

In 2011, Sterling Bank sued Christopher Sanspree for nonpayment on a promissory note. Sanspree answered, raised counterclaims of fraudulent misrepresentation, fraudulent concealment, negligence and negligent supervision. The bank moved for summary judgment on the nonpayment issue only. Sanspree responded to the motion arguing the bank's claim should not be adjudicated separately from his counterclaims. The trial court entered summary judgment in favor of the bank on its claim without mention of Sanspree's counterclaims. Sanspree then moved the trial court to certify the summary judgment as final. Once the court certified the motion, Sanspree appealed to the Supreme Court. The high court found the trial court erred in certifying the summary judgment motion as final and dismissed the appeal. View "Sanspree v. Sterling Bank " on Justia Law

Tommy Hand sued the Prattville law firm of Howell, Sarto & Howell and William P. Roberts II, an attorney formerly employed by the Howell firm, asserting a claim under the Alabama Legal Services Liability Act based on their alleged negligent representation of him in an action seeking damages for personal injuries he suffered as a result of an automobile accident. The trial court entered a summary judgment in favor of the Howell firm and Roberts; Hand appealed. On appeal, Hand argued that Roberts and the Howell firm committed legal malpractice when they failed to name the Montgomery Advertiser, which Hand labeled "the critical deep-pocket defendant" as a party in Hand's personal injury action. Hand argues that the failure devalued his case to the extent that he had to settle for approximately half of what the case was worth and for an amount significantly less than his actual economic damage, not to mention his pain and suffering. Because there was no evidence indicating, only speculation, that Hand would have been able to settle his injury claim for a higher amount if Roberts and the Howell firm had also named the Montgomery Advertiser as a defendant, the Supreme Court affirmed the grant of summary judgment in favor of Roberts and the firm. View "Hand v. Howell, Sarto & Howell " on Justia Law

Guardian Builders, LLC, and Wayne Tackett (collectively "Guardian") appealed an order that denied its motion to vacate or modify an arbitration award entered in favor of Randy and Melissa Uselton. In April 2010, the Useltons sued Guardian alleging several claims arising from Guardian's construction of a house. Guardian subsequently filed a motion to compel arbitration, and the circuit court granted that motion. The arbitrator entered a final award in favor of the Useltons in the amount of $452,275.20. Upon review, the Supreme Court construed Guardian's motion to vacate or modify the arbitration award of as a notice of appeal under Rule 71B, thus effectuating the appeal of the award to the circuit court. However, because the clerk of the circuit court never entered the award as the judgment of that court, the circuit court's order denying Guardian's motion to vacate or modify was void. "Essentially, Guardian's appeal remains pending in the circuit court, awaiting further procedures under Rule 71B. Further, because Guardian has appealed from the arbitration award under Rule 71B, that award could not be entered as the judgment of the court under 71C. Thus, the circuit court lacked authority to enter a judgment on the award under Rule 71C and to award Better Business Bureau fees and facility costs in connection with the entry of that judgment." View "Guardian Builders, LLC v. Uselton " on Justia Law

Riverfront, LLC, petitioned the Supreme Court for a writ of mandamus to direct the Etowah Circuit Court to vacate its order denying Riverfront's motion to enforce a forum-selection clause in a lease agreement between it and Fish Market Restaurants, Inc., and George Sarris (collectively, "Fish Market") and to direct the circuit court either to dismiss the action filed against it by Fish Market or to transfer the action to the Tuscaloosa Circuit Court. Upon review of the clauses at issue and the Etowah court record, the Supreme Court concluded that Riverfront established it had a clear legal right to the enforcement of the forum-selection clause in the lease because Fish Market failed to establish that enforcement of the clause would be unfair or unreasonable. The circuit court exceeded the scope of its discretion in denying Riverfront's motion to dismiss or, in the alternative, to transfer the case to the Tuscaloosa Circuit Court. Therefore, the Supreme Court directed the Etowah court to either dismiss this case without prejudice, or to transfer to the Tuscaloosa Circuit Court, the forum agreed to in the lease. View "Fish Market Restaurants, Inc. v. Riverfront, LLC" on Justia Law

Tyson Foods, Inc. petitioned the Supreme Court for a writ of mandamus to direct the Blount Circuit Court to dismiss Reba Kirkley's action against it, brought in her capacity as administratrix of her father's estate, on the ground that Kirkley lacked standing. On April 15, 2008, Allen Hayes died in a workplace accident at the Tyson Foods plant in Blount County. A tractor operated by an employee of Tyson Foods hit Hayes, who was working as a security guard. His widow Mildred Hayes collected $40,964.19 in workers' compensation death benefits against the account of DSI Security Services, Allen's employer at the time of the accident. On June 26, 2008, Kirkley, the personal representative of Allen's estate and Allen and Mildred's daughter, filed a wrongful-death action against the Tyson petitioners, who answered and removed the case to federal court. In early March 2011, the federal court remanded the case to state court. The trial judge denied the motion to dismiss. Finding that Tyson did not demonstrate a clear legal right to the remedy it sought seek, the Supreme Court denied the petition. View "Kirkley v. Tyson Foods, Inc." on Justia Law