Justia Alabama Supreme Court Opinion Summaries

Keneisha Kendrick appeals from a summary judgment entered against her and in favor of the City of Midfield ("the City") and one of its police officers, Joseph Wordell, in her action for damages based on personal injuries she sustained as a result of a car accident. Wordell had been dispatched in response to a domestic-disturbance call; he was traveling south on Highway 11 in his City-owned, police-outfitted Ford Crown Victoria automobile. Wordell testified that, upon receiving the dispatch, he turned on his emergency lights and siren and began proceeding toward the scene of the domestic disturbance. Kendrick was on her way to work and was traveling eastward on Woodward Road toward Highway 11 in a Ford Freestyle sport-utility vehicle owned by her mother. Kendrick was planning to turn left onto Highway 11. The front of Kendrick's vehicle collided with the right front passenger side of Wordell's vehicle. The impact of the crash rendered Kendrick unconscious. The impact of the collision caused Wordell's vehicle to veer across the median and two lanes of traffic in the opposite direction on Highway 11 and to collide head-on with a third vehicle. After review, the Alabama Supreme Court concluded there remained disputed facts in the record, for which granting summary judgment was inappropriate. The Court reversed the trial court and remanded the case for further proceedings. View "Kendrick v. City of Midfield" on Justia Law

Keneisha Kendrick appeals from a summary judgment entered against her and in favor of the City of Midfield ("the City") and one of its police officers, Joseph Wordell, in her action for damages based on personal injuries she sustained as a result of a car accident. Wordell had been dispatched in response to a domestic-disturbance call; he was traveling south on Highway 11 in his City-owned, police-outfitted Ford Crown Victoria automobile. Wordell testified that, upon receiving the dispatch, he turned on his emergency lights and siren and began proceeding toward the scene of the domestic disturbance. Kendrick was on her way to work and was traveling eastward on Woodward Road toward Highway 11 in a Ford Freestyle sport-utility vehicle owned by her mother. Kendrick was planning to turn left onto Highway 11. The front of Kendrick's vehicle collided with the right front passenger side of Wordell's vehicle. The impact of the crash rendered Kendrick unconscious. The impact of the collision caused Wordell's vehicle to veer across the median and two lanes of traffic in the opposite direction on Highway 11 and to collide head-on with a third vehicle. After review, the Alabama Supreme Court concluded there remained disputed facts in the record, for which granting summary judgment was inappropriate. The Court reversed the trial court and remanded the case for further proceedings. View "Kendrick v. City of Midfield" on Justia Law

Clatus Junkin, a resident of Fayette County, owned and operated Johnco Materials, Inc., a sand and gravel pit located in Lowndes County. At some point in time, Junkin purchased diesel fuel from Southeastern Energy and had it delivered to Johnco Materials. When Southeastern Energy did not receive payment for the fuel, Southeastern Energy sued Johnco Materials and Junkin, individually, in Lowndes County. With regard to Junkin, Southeastern Energy alleged that "Junkin was personally liable to Southeastern Energy for diesel fuel that was sold and delivered to Johnco Materials." At the request of the parties, the Lowndes Circuit Court entered a consent judgment against Johnco Materials and in favor of Southeastern Energy for an agreed-upon amount and dismissed Junkin from the action with prejudice. Junkin then sued Southeastern Energy in Fayette County alleging malicious prosecution by Southeastern Energy in the Lowndes County case. Southeastern Energy moved to dismiss the malicious prosecution action or, in the alternative, to transfer the action to "Montgomery County, Alabama, or any other proper venue, pursuant to Rule 82(d), Ala. R. Civ. P., and governing law." Southeastern Energy Corp. petitioned the Alabama Supreme Court for a writ of mandamus ordering the Fayette Circuit Court to vacate its order denying Southeastern Energy's motion for a change of venue for the underlying action and directing the Fayette Circuit Court to grant the motion and transfer the action to the Montgomery Circuit Court (case no. 1150033). Southeastern Energy filed a second petition for a writ of mandamus asking the Supreme Court to direct the Fayette Circuit Court to vacate an order transferring the underlying action to the Lowndes Circuit Court, and to direct the Fayette Circuit Court to enter an order transferring the action to the Montgomery Circuit Court (case no. 1150294). Finding no errors in the transfer orders, the Supreme Court dismissed Southeastern Energy's petition in case no. 1150033, and denied its petition in case no. 1150294. View "Ex parte Southeastern Energy Corp." on Justia Law

Petitioners-inmates Curtis Cook and Joe Hold, Jr. filed "petition[s] for release order" pursuant to the Alabama Prisoner Litigation Reform Act (APLRA). Petitioners also filed requests for in forma pauperis ("IFP") status. Both requests for IPF status would ultimately be denied. Then both filed for writs of mandamus relief, seeking that the Court of Criminal Appeals set aside the IFP orders. The Court of Criminal Appeals determined it lacked jurisdiction over the cases and remanded to the Court of Civil Appeals. The Court of Civil Appeals determined it lacked jurisdiction and transferred the petitions to the Supreme Court. Cook's and Holt's mandamus petitions arose from actions seeking relief based on the conditions of their incarceration, rather than from actions giving rise to their incarceration. Therefore, the proceedings underlying the petitions are civil, not criminal, in nature. However, the mere fact that the Department of Corrections was the agency charged with overseeing Cook's and Holt's incarceration did not bring their mandamus petitions within the Court of Civil Appeals' exclusive appellate jurisdiction either. Having determined that only the Supreme Court could review the cases, the Court then turned to the merits of petitioners' claims. The Court then found neither petitioner met his burden proving he was entitled to mandamus relief, and denied both requests. View "Ex parte Curtis J. Cook, Jr." on Justia Law

On February 11, 2015, the State of Alabama on relation of the Alabama Policy Institute and the Alabama Citizens Action Program initiated this case by filing an "Emergency Petition for Writ of Mandamus." The petition sought a writ of mandamus "directed to each Respondent judge of probate, commanding each judge not to issue marriage licenses to same-sex couples and not to recognize any marriage licenses issued to same-sex couples." By this order, the Alabama Supreme Court dismissed all pending motions and petitions with regard to this matter. View "Ex parte State of Alabama ex rel. Alabama Policy Institute" on Justia Law

Defendants Hubbard Properties, Inc., and Warrior Gardens, LLC filed a petition for a writ of mandamus requesting that the Alabama Supreme Court direct the Jefferson Circuit Court to vacate its order denying their motion for a summary judgment and to enter a summary judgment in their favor on the ground that the action filed against them was a nullity. Louis Chatman was married to Carolyn Chatman and was a resident of the Warrior Gardens Apartments, which defendants owned and operated. In 2011, there was a fire in the apartment where Louis resided. He was not able to escape and ultimately died in the fire. Louis' estate sued defendants, alleging that as a proximate result of the defendants' negligence and/or wantonness, Louis suffered injuries that resulted in his death. The estate filed a motion to substitute parties, seeking to substitute herself for the administratrix of the estate. The trial court granted the motion, then subsequently granted defendants' motion for summary judgment. The Supreme Court found that the administratrix had been appointed 15 days before Carolyn filed the wrongful death action. Therefore, Carolyn was without authority to file suit. Because she lacked authority, she could not substitute herself with the administratrix and proceed with the case. The Supreme Court granted the writ. View "Ex parte Hubbard Properties, Inc. and Warrior Gardens, LLC." on Justia Law

Norman Ussery appealed a circuit court order dismissing his action in a will contest against Alan Terry ("Alan"), as executor of the estate of Donald R. Terry ("Donald"). Ussery argued that the circuit court's dismissal of his complaint conflicted with "Hons v. A. Bertolla & Sons," (537 So.2d 456 (Ala. 1988)), a case in which the Alabama Supreme Court interpreted the application of sections 43-8-199 and -200, Ala. Code 1975, included in the will-contest provisions of the Code. Alan argued in response: (1) that Ussery appealed as to only one of two grounds that Alan said were the circuit court's bases for dismissal; (2) that the circuit court ruled that joinder of indispensable parties was not possible and that Ussery failed to appeal that ruling; (3) that the circuit court correctly dismissed the will contest pursuant to the joinder requirements under the Alabama Rules of Civil Procedure; and (4) that "Hons" should have been overruled to the extent that it held that absent parties could be joined beyond the six-month period prescribed by 43-8-199. The Supreme Court disagreed with Alan's contentions on appeal, and reversed the circuit court. "After Ussery filed his complaint, the circuit court first should have determined whether it was a proper complaint under the provisions of 43-8-199. Then, if it was determined that the complaint met the statutory requirements, the circuit court, upon appropriate motion, should have joined 'interested parties' who were absent." View "Ussery v. Terry" on Justia Law

Engineering Design Group, LLC, and David Stovall, the principal of Engineering Design Group, LLC (collectively, "EDG"), and Building & Earth Sciences, Inc. ("BES"), filed separate petitions to the Alabama Supreme Court, each seeking a writ of mandamus to direct the St. Clair Circuit Court ("the trial court") to enter an order transferring the action filed in the trial court by plaintiffs Delaney Exchange, LLC, and Springdale Stores Exchange, LLC, to the Shelby Circuit Court. After review, the Supreme Court concluded EDG and BES carried their burden of showing that Shelby County's connection to the action was strong, and St. Clair County's connection to the action was considerably weak. Thus, the trial court exceeded its discretion in refusing to transfer the case to the Shelby Circuit Court, and the interest of justice required the transfer. View "Ex parte Engineering Design Group, LLC" on Justia Law

This case concerned the application of the relation-back doctrine to wrongful-death claims. The trial court allowed James O. Kidd, Sr., the personal representative of the estate of Madeline Kidd, to use relation back to sustain his claims against various health-care providers. Some of those providers, defendants Mobile Infirmary Association d/b/a Mobile Infirmary Medical Center, Dr. Roger Alvarado, Dr. Barbara Mitchell, and IMC-Diagnostic and Medical Clinic, P.C., sought review of the trial court's order by filing separate petitions for permissive appeals. After review, the Supreme Court concluded the trial court erred in permitting the relation-back doctrine, reversed and remanded for further proceedings. View "Mobile Infirmary Association v. Estate of Madeline Kidd" on Justia Law

Regions Bank appealed a final judgment dismissing its action against BP P.L.C., BP Corporation North America, Inc., and BP America Inc. (collectively, "BP"). In 2010, an explosion and fire occurred aboard the Deepwater Horizon, an offshore-drilling rig, located off the coast of Louisiana. The incident led to a massive discharge of oil into the Gulf of Mexico, which, in turn, spawned an expansive clean-up and response operation by BP and various governmental agencies. Regions owned coastal real property located in Baldwin County, Alabama. Regions filed this trespass action against BP in Alabama Circuit Court, alleging BP occupied Regions' property, without authorization, for its spill-response operation; that BP moved equipment and structures onto the property without permission; and that BP erected fences and barriers on the property, again, without permission. Regions further alleged that BP stored hazardous materials and waste on the property and that those hazardous materials and waste damaged the property. BP filed a Rule 12(c), Ala. R. Civ. P., "motion to dismiss" Regions' trespass action on the ground that it was subject to the class-action settlement approved in the multidistrict litigation (MDL) and, therefore, that dismissal was warranted on the basis of the doctrine of res judicata. After review, the Alabama Supreme Court found "clear and unequivocal" exceptions to the MDL economic-and-property-damage-settlement class, and concluded that Regions was not a member of the settlement class. Therefore, its trespass claim was not adjudicated as part of the MDL class-action settlement. Accordingly, the Court reversed the circuit court for dismissing Regions' action on the ground of res judicata. View "Regions Bank v. BP P.L.C. et al." on Justia Law