Justia Alabama Supreme Court Opinion Summaries

These appeals before the Supreme Court were the result of a family dispute that occurred following the death of Mr. B.J. Kirkley in 2011, concerning his will and his interest in Kirkley LLC.Karen Ann Kribel Kirkley, individually and as personal representative of the estate of B.J. Kirkley; Holly Muncie; and J. Alexander Muncie III ("Alex"), as trustee of the Karen Ann Kribel Kirkley Testamentary Trust appealed a circuit court's "order regarding granting of new trial" in favor of Donna Jo Kirkley Phillips and Kirkley, LLC (appeal no. 1130812). Donna Jo and Kirkley LLC cross-appealed the same order, but also filed a motion to dismiss the appeal filed by the estate plaintiffs on the basis that the order was not a final order and that the monetary judgment in the case has been satisfied (appeal no. 1130850). The Supreme Court agreed that the circuit court's order was not final, so the appeals were dismissed. View "Kirkley v. Phillips" on Justia Law

Dr. Thomas A. Staner, a board-certified neurosurgeon and neurologist, performed a lumbar laminectomy on Wilfred Borden at Brookwood Medical Center. Two days later, he complained of excruciating pain in his lower back and legs. He was taken to the emergency room. A hematoma was discovered and causing compression of the cauda equina. As a result of the damage caused by the hematoma, Wilfred was permanently disabled and unable to work, suffered from constant pain, had problems walking, and suffered from incontinence of bladder and bowel and from impotence. Wilfred and Pam sued Dr. Staner, Alabama Neurosurgeons, P.C., Dr. Staner's practice, and Brookwood in the Jefferson Circuit Court. Wilfred asserted a claim under the Alabama Medical Liability Act against the defendants, and Pam asserted a claim based on loss of consortium. Brookwood filed a motion for a summary judgment. The trial court entered an order granting Brookwood's summary-judgment motion as to any claim alleging a duty and breach of the standard of care on the part of Brookwood's ER department. However, it denied the motion for a summary judgment as to the Bordens' claims against Brookwood based an alleged breach of the standard of care by Brookwood's medical/surgical nurses. At the close of the Bordens' evidence, Brookwood moved for a judgment as a matter of law. The trial court granted the motion as to the issue of future medical expenses but denied it as to the Bordens' remaining claims. Brookwood renewed its motion for a judgment as a matter of law at the close of all the evidence, and the trial court denied that motion. After deliberating for approximately six hours, the jury returned a verdict in favor of Wilfred as to his medical malpractice claim and fixed damages at $5 million. It also found in favor of Pam as to her loss-of-consortium claim and fixed damages at $2.5 million. The trial court entered a judgment on the jury's verdict. Brookwood appealed. In this case, the Bordens did not present expert testimony to establish a breach of the applicable standard of care. Therefore, Supreme Court concluded that the trial court erred when it denied Brookwood's motions for a judgment as a matter of law as to Wilfred's medical-malpractice claim. The case was remanded for the trial court to render judgment as a matter of law in favor of Brookwood. View "Brookwood Medical Center v. Borden" on Justia Law

Anita Marion sued Noland Hospital Birmingham, LLC, and Noland Health Services, Inc. (collectively, "Noland"), Walter R. Ross, Jr., M.D., and Bernis Simmons, M.D., seeking damages resulting from the death of her husband, Arthur Marion. In 2009, Arthur underwent a kidney-stone removal procedure. Dr. Taylor Bragg performed the procedure, and Simmons was the anesthesiologist. During the procedure, Arthur suffered a heart attack. Arthur was revived, but the heart attack caused him to suffer hypoxic encephalopathy, which left him in a non-responsive state. Arthur was transferred to Noland Hospital Birmingham and was admitted by Ross. Arthur remained at Noland Hospital until he was transferred back to the hospital that originally treated him to receive dialysis for renal failure. Arthur passed away shortly transfer. The essence of Anita's claim against Simmons was that he breached the applicable standard of care by failing to position Arthur properly during his kidney-stone-removal procedure, and that breach caused Arthur's blood to be unable to circulate properly, which in turn caused Arthur's heart attack and hypoxic encephalopathy. As to Ross, Anita claimed that he breached the applicable standard of care by prescribing Rocephin, an antibiotic, to treat an infection Arthur was developing. Arthur had a documented allergy to Ancef, which, like Rocephin, was a cephalosporin. Anita alleged that Ross failed to note Arthur's allergy, and that, if Dr. Ross had noted the allergy, he would not have prescribed a cephalosporin to treat Arthur's infection. As to Noland, Anita alleged the hospital breached the applicable standard of care by failing to train its nurses to check for contraindications to medications. On October 3, 2014, the third day of jury deliberations, Ross, Simmons, and Noland moved for a mistrial, arguing that the trial court (specifically, the court clerk) answered questions from the jury outside the presence of counsel. The court denied the motion. The jury returned a verdict in favor of Simmons but against Ross and against Noland. Noland and Ross each filed a postjudgment motion for a judgment as a matter of law, or, in the alternative, for a new trial, or to alter or amend the judgment. In those motions, Noland and Ross argued again that they were entitled to a new trial because of the trial court's communications with the jury. The trial court denied the motions. Ross, Noland and Anita appealed, Anita explicitly stating in her notice of appeal that she was not challenging the jury's verdict as to Simmons; only that, if the Supreme Court reversed the judgments in her favor against Ross and Noland and remanded the case for a new trial, her claim against Simmons be reinstated too. The Supreme Court reversed, finding that Anita made no attempt to address Ross's and Noland's allegations that the trial court instructed the jury as to the burden of proof outside the presence of the parties and counsel. Because the Court reversed as to Ross and Noland, the Court considered Anita's claim against Simmons, and declined her request. The case was remanded for a new trial. View "Ross v. Marion" on Justia Law

This case first went before the Alabama Supreme Court in "Ex parte Riverfront, LLC," (129 So. 3d 1008 (Ala. 2013)("Riverfront I")). In Riverfront I, Riverfront and Fish Market Restaurants, Inc. had entered into a lease for real property located in Gadsden. The lease contained a forum-selection clause naming Tuscaloosa County as the venue in which any litigation concerning the lease was to be brought. In determining that the forum-selection clause was enforceable, the Supreme Court held that Tuscaloosa County was not a "seriously inconvenient" forum. The Etowah Circuit Court transferred the action to the Tuscaloosa Circuit Court. Shortly thereafter, Fish Market filed a motion to transfer the action, then pending in the Tuscaloosa Circuit Court, back to the Etowah Circuit Court, citing section 6-3-21.1, Ala. Code 1975, that Tuscaloosa County "would be a seriously inconvenient forum." Riverfront responded, arguing that "[t]he issue stated in [Fish Market's] Motion to Transfer has previously been litigated between the parties, and adjudicated in [Riverfront's] favor by the Alabama Supreme Court." The Tuscaloosa Circuit Court held a hearing on Fish Market's motion and granted it. Riverfront then petitioned the Supreme Court for a writ of mandamus to direct the Tuscaloosa Circuit Court to vacate its order transferring the case back to the Etowah Circuit Court. The Supreme Court found, after review, that Fish Market could have challenged Tuscaloosa County as a "seriously inconvenient" forum in the Etowah Circuit Court and before the Supreme Court in Riverfront I. "Fish Market did not do so and may not now have a second bite at the forum apple and relitigate that issue. The matter has been decided." The Supreme Court granted Riverfront's petition and issued the writ. View "Ex parte Riverfront, LLC." on Justia Law

Riverstone Development Co., Inc. sued Garrett & Associates Appraisals, Inc. ("G&A Appraisals"), asserting negligence, wantonness, and conspiracy claims stemming from a July 2010 appraisal G&A Appraisals conducted on waterfront property Riverstone Development owned on Lake Guntersville. During the course of the eventual trial on those claims, the trial court entered a judgment as a matter of law in favor of G&A Appraisals on the negligence claim, and, at the conclusion of the trial, the jury returned a verdict in favor of G&A Appraisals on the wantonness and conspiracy claims. Riverstone Development appealed, arguing that the judgment as a matter of law was improperly entered on the negligence claim and that it is entitled to a new trial based on juror misconduct. Finding no reversible error, the Supreme Court affirmed. View "Riverstone Development Co., Inc. v. Garrett & Associates Appraisals, Inc." on Justia Law

The Alabama Corrections Institution Finance Authority ("ACIFA") and its ex officio vice president Kim Thomas appealed a judgment entered on a jury verdict awarding $5 million in compensatory damages to Albert Wilson, Donald Simmons, Rufus Barnes, Bryan Gavins, Joseph Danzey, and a class of current and former nonexempt correctional officers ("the correctional officers") employed by the Alabama Department of Corrections ("ADOC"). The correctional officers originally filed suit 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. The Supreme Court reversed the judgment entered on the jury's verdict: "Suffice to say, [the correctional officers] failed to present substantial evidence of a connection between ACIFA and the supervision of the correctional officers or how the correctional officers are paid. Without evidence indicating that ACIFA had anything to do with the personnel policies at issue or how correctional officers' pay is determined and distributed or the funds that are used to pay correctional officers, ACIFA cannot be held liable for the harms the correctional officers allege they suffered. Because of the lack of substantial evidence in support of the claims made by the correctional officers against ACIFA and against Thomas as ex officio vice president of ACIFA, the defendants were entitled to a judgment as a matter of law on those claims." View "Alabama Corrections Institution Finance Authority v. Wilson" on Justia Law

This case was, "[i]n short, ... an insurance bad faith failure to defend/indemnify/settle case arising out of several underlying lawsuits, which in turn arose out of the [respondents'] operation and financing of a dairy farm in between 2007 and 2010." Specifically, the respondents were involved in two earlier actions, the first as plaintiffs and the second as defendants. Both actions concerned the respondents' operation of a dairy farm and milking facility located in Dallas County. At all relevant times in the first action, both Laird Cole and Henry Cole were insured by Alfa Mutual Insurance Company. At all relevant times in the second action, Laird Cole was insured by Alfa. While these two actions were ongoing, Jerry Newby was the president and chief executive officer of Alfa. On July 25, 2013, Laird Cole and Foundation Farms sued Alfa in the circuit court, alleging "claims of fraud, breach of contract, bad faith, breach of the enhanced duty of good faith, negligence, and wantonness arising out of [Alfa's] handling [of the] underlying lawsuits." The respondents filed an amended complaint adding Henry Cole as an additional plaintiff and "clear[ing] up some of the allegations." On April 30, 2014, Alfa moved for summary judgment, alleging that there was no dispute as to any material fact and that Alfa was entitled to judgment as a matter of law. Respondents then served Alfa with a subpoena ordering Newby to appear at a video deposition. Newby and Alfa petitioned the Supreme Court for a writ of mandamus to direct the circuit court to vacate its November 19, 2014, order denying the petitioners' motion to quash the subpoena directed to Newby for deposition testimony that was requested by respondents. After review of the matter, the Supreme Court concluded that petitioners failed to demonstrate that they had a clear legal right to the relief sought and denied their petition. View "Ex parte Jerry Newby and Alfa Mutual Insurance Company." on Justia Law

The Alabama Supreme Court granted review of this case filed by E.L. seeking review of a Court of Civil Appeals decision to affirm a family court order insofar as that judgment recognized and gave effect to an adoption decree entered by the Superior Court of Fulton County, Georgia approving the adoption by V.L., E.L.'s former same-sex partner, of E.L.'s biological children, S.L., N.L., and H.L. E.L. and V.L. were involved in a relationship from approximately 1995 through 2011. During the course of that relationship, they maintained a residence in Hoover. In December 2002 E.L. gave birth to S.L., and in November 2004 E.L. gave birth to twins, N.L. and H.L. All births were achieved through the use of assisted-reproductive technology. The parties eventually made the joint decision to take legal action to formalize and to protect the parental role V.L. had undertaken. In 2007, V.L. filed a petition with the Georgia court to adopt the children. The Georgia granted the petition, and subsequently new birth certificates were issued. In approximately November 2011, E.L. and V.L. ended their relationship, and, in January 2012, V.L. moved out of the house E.L. and V.L. had previously shared. 2013, V.L. filed a petition in the Jefferson Circuit Court alleging that E.L. had denied her access to the children and had interfered with her ability to exercise her traditional and constitutional parental rights. She asked the Alabama court to register the Georgia judgment, to declare her legal rights pursuant to the Georgia judgment, and to award her some measure of custody of or visitation with the children. The matter was transferred to the Jefferson Family Court, and E.L. moved that court to dismiss V.L.'s petition on multiple grounds. The Jefferson Family Court ultimately denied E.L.'s motion to dismiss, without a hearing, and simultaneously awarded V.L. scheduled visitation with the children. E.L. filed her notice of appeal to the Court of Civil Appeals. After reviewing the record and analyzing the relevant law of both Alabama and Georgia, the Supreme Court concluded that the Court of Civil Appeals and the Jefferson Family Court erred in giving full faith and credit to the Georgia judgment because the Georgia court was without subject-matter jurisdiction to issue the Georgia judgment. Accordingly, the judgment of the Court of Civil Appeals was reversed and the case remanded for further proceedings. View "Ex parte E.L." on Justia Law

In 2010, Yan Chen, who had a business interest in a restaurant, entered into a 10-year lease agreement with Russell Realty, LLC, and MRT, LLC. The property to be leased was located in Greenville. The lease agreement was drafted by Russell Realty and contained an arbitration clause. In 2012, Russell Realty and MRT sued Chen along with Qiaoyun He, Joe Zou, and Yami Buffet, Inc., alleging breach of contract. Chen filed a response to the motion, alleging that she had been in China for a few months, and that she had not been personally served with notice of the lawsuit. She subsequently filed a motion to dismiss the complaint, asserting that the lease agreement contained an arbitration clause and that "said complaint[] fails to state any measures that have been taken in lieu of the fulfillment of such agreed Arbitration Clause." The trial court denied both Russell Realty and MRT's motion for a default judgment and Chen's motion to dismiss. About a month after this, Chen filed a motion to compel arbitration, asserting that, as "part of Plaintiffs['] lease agreement, plaintiff[s] agreed to binding arbitration. In 2013, Chen filed a second motion to dismiss, alleging that Russell Realty and MRT had refused to mediate and had refused to arbitrate. Russell Realty and MRT filed an objection to Chen's second motion to dismiss, asserting that "time of the stay set by the court has almost expired and Defendant Yan Chen has not made any movement, act, or effort to seek Arbitration to resolve the issues." Russell Realty and MRT again sought a default judgment against the defendants, including Chen. She asserted that counsel for Russell Realty and MRT had failed to respond to her attempts to seek a settlement before the hiring of a mediator or arbitrator and that, subsequently, she had contacted a mediator/arbitrator and Russell Realty and MRT had not responded to her choice of mediator/arbitrator. The trial court then entered an order stating that the Chen's appeal was moot as the court had not yet entered a final order. In early 2015, the trial court entered an order awarding Russell Realty and MRT $682,050.10 against all the defendants, including Chen, jointly and severally. Chen appealed. Based on its review of the facts in the circuit court record, the Supreme Court reversed with regard to Chen and remanded the case for the trial court to enter an order requiring arbitration in accordance with the terms of the lease agreement. View "Chen v. Russell Realty, LLC" on Justia Law

Southeast Construction, L.L.C. ("SEC"), appealed a circuit court order that found WAR Construction, Inc., had provided SEC with certain releases as previously ordered by the circuit court and that SEC was accordingly now required to pay the outstanding $263,939 remaining on a $373,939 judgment previously entered on a February 16, 2011, arbitration award obtained by WAR against SEC, along with interest accruing from February 16, 2011. After review, the Supreme Court affirmed that judgment to the extent it held that WAR provided all required releases and that SEC was obligated to fulfill the judgment entered on the arbitration award. However, the Court reversed the judgment inasmuch as it held that SEC is required to pay interest on the award as calculated from February 16, 2011. On remand, the circuit court was instructed to calculate interest on the principal at the rate set forth in the arbitration award accruing from September 8, 2014. View "Southeast Construction L.L.C. v. WAR Construction, Inc." on Justia Law