Justia Alabama Supreme Court Opinion Summaries

James Stanley Wilbanks appealed the grant of summary judgment in favor of United Refractories, Inc. ("United"), a company supplying equipment used in the repair of coke-oven batteries, in Wilbanks's action against United seeking damages for personal injuries he sustained from an explosion involving a ceramic welding machine supplied to Wilbanks's employer by United. On the day of the accident, Wilbanks was a member of a three-person welding team engaged in the process of repairing a coke oven. However, as he attempted to remove a powder hose from the mixing chamber, an explosion occurred, causing the loss of his left hand and burns to other portions of his body. Wilbanks sued United alleging that Wilbanks was injured as the result of the "fail[ure]" of "the subject equipment" and that United had "negligently and/or wantonly fail[ed] to properly inspect and maintain the subject equipment and its component parts." Upon review, the Supreme Court concluded that Wilbanks failed to produce evidence of any causal relationship between his injuries and any alleged acts or omissions of United. "United's summary-judgment motion was due to be granted. The judgment entered for United is, therefore, affirmed." View "Wilbanks v. United Refractories, Inc. " on Justia Law

SSC Selma Operating Company, LLC, doing business as Warren Manor Health & Rehabilitation Center ("SSC"), and Bernard Turk, the administrator of Warren Manor Health & Rehabilitation Center ("Warren Manor") (referred to collectively as "the Warren Manor defendants"), appealed a circuit court judgment denying their joint motion to compel arbitration of the medical-malpractice wrongful-death claims asserted against them by Ethel Gordon ("Gordon"), the administratrix of the estate of Jimmy Lee Gordon, Gordon's husband, pursuant to an arbitration agreement they allege Gordon had entered into with SSC. Upon review, the Supreme Court affirmed, finding that the circuit court properly denied the Warren Manor defendants' motion to compel arbitration of Gordon's claims against them because the trial court had yet to conduct a trial to resolve the issue identified by the Supreme Court in "Gordon I" — whether a valid arbitration agreement existed between Gordon and SSC. "Only if that issue is answered in the affirmative may the Warren Manor defendants properly move to compel arbitration. If that trial results in a judgment holding that there is no valid arbitration agreement, then the Warren Manor defendants may file a timely appeal challenging the trial court's ruling excluding any evidence they wished to submit at trial." View "SSC Selma Operating Company, LLC v. Gordon" on Justia Law

Southeast Construction, L.L.C. ("SEC") appealed a circuit court's judgment and WAR Construction, Inc. ("WAR") filed a cross-appeal (which was treated as a petition for a writ of mandamus). The matter came before the Supreme Court following the appeal of the entry of the arbitration panel's ruling on the parties' respective construction contract claims. The decision resulted in a net award to WAR of $373,929. SEC filed a motion for modification of the award. WAR responded with a "Motion for Clerk's Entry of Arbitration Award as Final Judgment" pursuant to Rule 71C, Ala. R. Civ. P. The circuit court entered an order in which it declined to have the award entered as a judgment at that time. Eventually the court did enter an order based upon the arbitration award, and the parties appealed. "Given the nature of the award made by the arbitrators in this case and the nature of the resulting judgment the circuit court properly ordered the clerk to enter, it is apparent that the circuit court must take some additional responsibility for enforcing that award and the resulting judgment. To the extent WAR complain[ed] in its petition of the circuit court's reluctance to do so, [the Supreme Court agreed] with WAR" and, accordingly, ordered the circuit court to take appropriate action to enforce the judgment it has entered based upon the arbitrators' award. View "Southeast Construction, L.L.C. v. WAR Construction, Inc. " on Justia Law

Anthony Ray Hinton petitioned the Jefferson Circuit Court for relief under Rule 32, Ala. R. Crim. P., arguing that his trial counsel had provided ineffective assistance of counsel by failing to provide a qualified expert in his defense at his capital-murder trial. The circuit court denied Hinton's Rule 32 petition on the basis that Andrew Payne, the expert retained by defense counsel, was qualified to testify as a firearms-identification expert at Hinton's trial. Hinton appealed to the Court of Criminal Appeals; the Court of Criminal Appeals, after remanding twice for the circuit court to address the issue, affirmed the circuit court's denial of Hinton's petition. Hinton then petitioned the Supreme Court for a writ of certiorari to review the Court of Criminal Appeals' decision. The Supreme Court concluded that the circuit court did indeed base its determination that Payne was qualified to testify as an expert upon the "cold trial record." As a result, it was in no better position than was an appellate court to make the determination it made. Accordingly, the Court of Criminal Appeals erred in applying the abuse-of-discretion standard of review. The Supreme Court reversed the appellate court's judgment and remanded the case to the Court of Criminal Appeals for it to apply a de novo standard of review in reviewing the circuit court's judgment that Payne was qualified to testify as a firearms-identification expert. View "Hinton v. Alabama" on Justia Law

Town & Country Property, L.L.C., and Town & Country Ford, ("T&C"), appealed a summary judgment in favor of Amerisure Insurance Company and Amerisure Mutual Insurance Company which held that Amerisure was not obligated to pay a $650,100 judgment entered on a jury verdict in favor of T&C and against Amerisure's insured, Jones-Williams Construction Company, because, the trial court reasoned, the faulty construction of the T&C facility upon which the judgment was based was not an "occurrence" covered under the commercial general-liability ("CGL") insurance policy Amerisure had issued Jones-Williams. In October 2011, the Supreme Court affirmed in part the judgment entered by the trial court, agreeing that faulty construction did not in and of itself constitute an occurrence for CGL-policy purposes and that, accordingly, "Amerisure was not required to indemnify Jones-Williams for the judgment entered against it insofar as the damages represented the costs of repairing or replacing the faulty work." However, the Court further recognized that if damages had been awarded T&C to compensate it for damage the faulty construction later caused to personal property or some otherwise nondefective portion of the T&C property, then "[t]hose damages would constitute 'property damage' resulting from an 'occurrence,' and they would be covered under the terms of the Amerisure policy ...." Upon a review of the record, the Supreme Court concluded that on remand, a $392,600 judgment entered by the trial court was not supported by the evidence. The order ultimately entered by the trial court failed to specifically identify any personal property or nondefective portions of the T&C facility that were damaged as a result of the faulty construction. The Supreme Court reversed the judgment entered by the trial court on remand, and remanded the case once again to the trial court so that it could enter a final judgment in favor of T&C for $600. View "Town & Country Property, L.L.C. v. Amerisure Insurance Company" on Justia Law

The Alabama Department of Corrections ("ADOC"), the Alabama Corrections Institution Finance Authority ("ACIFA"), and Kim Thomas, in his official capacities as the commissioner of ADOC and as ex officio vice president of ACIFA, petitioned the Supreme Court for a writ of mandamus to direct the Montgomery Circuit Court to vacate its May 2012 order denying their motion seeking a partial summary judgment and requested the court enter a new order granting their motion. In 2010, Albert Wilson, Rufus Barnes, Joseph Danzey, Bryan Gavins, and Donald Simmons, all of whom were employed by ADOC as correctional officers, sued ADOC and its then commissioner Richard Allen alleging that ADOC was violating its own regulations and state law in the manner in which it: (1) compensated correctional officers for overtime; (2) restricted the way correctional officers were allowed to use earned leave; and (3) paid correctional officers the daily subsistence allowance provided by law. The plaintiffs also sought class certification on behalf of all other similarly situated correctional officers employed by ADOC and requested injunctive relief, as well as money damages, to include backpay with interest, punitive damages, and litigation costs and expenses, including attorney fees. Because ADOC and Thomas, in his official capacity as commissioner of ADOC, were entitled to State immunity on those claims, the Court granted the petition as to ADOC and Thomas, in his capacity as commissioner of ADOC, and issued the writ. However, ACIFA and Thomas, in his official capacity as vice president of ACIFA, did not argue that they were entitled to State immunity on the claims asserted against them; rather, they argued that those claims lacked merit. That argument presented an insufficient basis upon which to issue a writ of mandamus, and the Supreme Court therefore denied the petition with regard to the those claims because ACIFA and Thomas had an adequate remedy on appeal. View "Wilson v. Thomas " on Justia Law

The Boys & Girls Clubs of South Alabama, Inc. ("the Club"), a nonprofit corporation, appealed a judgment entered in favor of the Fairhope-Point Clear Rotary Youth Programs, Inc. ("Rotary Inc."), and the Ruff Wilson Youth Organization, Inc. ("Wilson Inc."), in their action against the Club seeking declaratory and injunctive relief. In 1996, B.R. Wilson, Jr., one of the incorporators of the Club and a principal benefactor, executed a "gift deed," transferring to the Club approximately 17 acres of real estate ("the property"). In March 2000, the Club sold the property and deposited the proceeds into three separate accounts, two of which were separately earmarked for the Daphne Club and for the Fairhope Club. However, in 2009, the Club discontinued its operations in Daphne and Fairhope, citing "operating deficits" as a contributing factor. It transferred the remainder of the proceeds from the sale of the property to an account in the Community Foundation of South Alabama ("the bank"). Later that year, the facilities in Daphne and Fairhope were reopened by volunteers and former Club personnel, who began operating the youth centers under their own independent management structures. Subsequently, some of these individuals incorporated Rotary Inc. and Wilson Inc., under which they continued to operate the facilities in Fairhope and Daphne, respectively. Rotary Inc. and Wilson Inc. sued the Club, seeking declaratory and injunctive relief, alleging that the Club "ha[d] used," or, perhaps, was "anticipat[ing] using," the proceeds for its own operations, rather than for the use of the facilities then being operated by Rotary Inc. and Wilson Inc. They sought a judgment: (1) declaring that the "desire and understanding" of B.R. Wilson expressed in the letter controlled the disposition of the funds, and (2) enjoining the use of the proceeds for anything but the benefit of the youth facilities as operated by Rotary Inc. in Fairhope and by Wilson Inc. in Daphne. The court ordered the termination of the "trust" and the disbursal of the remainder of the proceeds to Rotary Inc. and Wilson Inc., respectively. The Club appealed, challenging, among other things, the standing of Rotary Inc. and Wilson Inc. to sue over distribution of the proceeds of the sale of the property. Upon review, the Supreme Court concluded that Rotary Inc. and Wilson Inc. failed to show that they had standing to challenge the Club's disposition of the proceeds of the sale of the property donated to the Club by B.R. Wilson, Jr. Therefore, the trial court's judgment was void for lack of subject-matter jurisdiction. Accordingly, the Court vacated the judgment and dismissed the case and the appeal. View "Boys & Girls Clubs of South Alabama, Inc. v. Fairhope-Point Clear Rotary Youth Programs, Inc." on Justia Law

Peacock Timber Transport, Inc. ("Peacock"), appealed the grant of summary judgment entered by the Montgomery Circuit Court in favor of B.P. Holdings, LLC, William Blount, Derek Parrish, Diamond Homes, LLC, and Sunbelt Environmental, LLC ("the defendants"). Blount and Parrish are partners in Blount Parrish & Company ("BPC"), an investment firm that specializes in public financing. In 2001 Blount formed Diamond Homes to take over unfulfilled contracts that had been entered into by a now bankrupt company, Dencraft Furniture Company; Blount and Parrish owned Diamond Homes in equal portions. In relation to a bond issue closed by BPC, B.P. Holdings had acquired an interest in Dencraft before its bankruptcy. In their efforts to make Diamond Homes succeed, Blount and Parrish had personally guaranteed substantial debt taken on by Dencraft and by Diamond Homes. Diamond Homes eventually "closed down with very few assets, mostly unused raw materials, and several hundred thousand in debt, some of which was guaranteed by [Blount] and/or [Parrish]." Peacock obtained a judgment against B.P. Holdings. Although Blount was a defendant in Peacock's action and although judgment in that action was entered against B.P. Holdings, the judgment stated that "[s]aid verdict was also returned in favor of ... Blount." Parrish was not a party to Peacock's 2003 action. $1,120,000 was deposited in B.P. Holdings' account as compensation for work BPC and others had performed on behalf of Jefferson County in closing a bond issue -- at that time, B.P. Holdings had not yet satisfied the 2003 judgment. The amount of the fee earned by BPC for the Jefferson County transaction was used to pay other consultants; B.P. Holdings did not earn any portion of the $1,120,000 but, according to Parrish's affidavit testimony, was used as a conduit to receive the money and to transfer the money to the appropriate parties. Blount's deposition testimony indicated that he was aware of the 2003 judgment at the time of the transfer but that he "believe[d] [that] the judgment [had been] appealed. So [he] [did not] know if that judgment was a live judgment or not." Peacock then sued B.P. Holdings, Blount, and Parrish seeking to have the transfer set aside as fraudulent. Upon review, the Supreme Court reversed the summary judgment in favor of the defendants, and remanded the case for the circuit court to determine whether Peacock was entitled to avoid the transfer under the AFTA and whether the corporate veil of B.P. Holdings should be pierced, thereby holding Blount and Parrish personally liable for the transfer. View "Peacock Timber Transport, Inc. v. B.P. Holding, LLC, et al. " on Justia Law

Myrtis Hill sued Fairfield Nursing and Rehabilitation Center, LLC ("Fairfield"); D&N, LLC ("D&N"); DTD HC, LLC ("DTD"); Donald T. Denz; Norbert A. Bennett; Aurora Cares, LLC; and Aurora Healthcare, LLC (collectively referred to as "the defendants"). Hill stated claims based upon the Alabama Medical Liability Act ("the AMLA"), arising out of the fact that she suffered a broken leg while being helped out of bed by a nursing assistant at a nursing home owned and operated by Fairfield ("Fairfield Nursing Home"). Before trial, on motion of the defendants, the trial court entered a summary judgment in favor of all the defendants except Fairfield. At trial, at the conclusion of Hill's case-in-chief, the trial court entered a judgment as a matter of law in favor of Fairfield. Hill appealed the judgments of the trial court as to all the defendants. Upon review, the Supreme Court reversed: Hill presented substantial evidence, including the testimony of a registered nurse and doctor that she suffered a broken leg and that this injury was caused by a breach of the applicable standard of care. Consequently, the trial court erred in entering a judgment as a matter of law in favor of Fairfield, and that judgment was due to be reversed. The case was remanded for further proceedings. View "Hill v. Fairfield Nursing & Rehabilitation Center, LLC" on Justia Law

Howard M. Schramm, Jr., appealed a March 6, 2012, judgment of the Baldwin Circuit Court approving pier construction permits issued to Schramm's neighbors, George G. Spottswood and Amy H. Spottswood, by the Alabama Department of Conservation and Natural Resources ("DCNR") and Baldwin County even though the proposed pier would violate the 10-foot setback rule in the applicable DCNR and Baldwin County rules and regulations. The Spottswoods crossappealed the order of the Baldwin Circuit Court denying their January 9, 2012, motion to alter, amend, or vacate its February 27, 2007, judgment setting the boundaries of their riparian-use area. Upon careful consideration of the trial court record, the Supreme Court found no error and affirmed. View "Schramm, Jr. v. Spottswood " on Justia Law