Justia Alabama Supreme Court Opinion Summaries

A woman visited a Huntsville shopping center in May 2021, where renovations were underway, including the installation of new sidewalks in front of a Staples store. The construction zone was marked with barricades, caution tape, signage, and fluorescent paint to warn pedestrians of uneven concrete resulting from recent work. Despite these measures, the woman tripped and fell while walking through the marked area, attributing her fall to a slight elevation change in the concrete. She later filed suit against the property owner, the general contractor, a concrete-cutting subcontractor, and Staples, alleging negligence, wantonness, premises liability, and respondeat superior.The Madison Circuit Court entered summary judgment in favor of the shopping center owner and the general contractor, finding no genuine issue of material fact. The subcontractor was dismissed by agreement, and the plaintiff later settled with Staples’ successor. The circuit court did not specify its reasoning for the decision. After her postjudgment motion failed, the plaintiff appealed.The Supreme Court of Alabama reviewed the summary judgment de novo, considering whether the alleged hazard was open and obvious, which would negate the defendants’ duty to warn or maintain. The court concluded that, as a matter of law, the multiple warnings—including barricades and fluorescent paint—rendered the uneven concrete an open and obvious condition to a reasonable person. Therefore, the defendants owed no additional duty to warn, and the plaintiff’s claims for negligence and wantonness failed as a matter of law. The Supreme Court of Alabama affirmed the judgment of the Madison Circuit Court. View "Walter v. Branch Hays Farm SC Associates, LP" on Justia Law

A homeowner alleged that he hired a roofing company in 2011 to install a specific type of roof on his residence. After installation, problems with roof materials became apparent, including issues with a protective layer that remained unresolved despite multiple repair attempts by both the roofing company and the manufacturer over more than a decade. The homeowner asserted that these defects persisted, and that communication from the roofing company ceased in early 2024. As a result, he filed a lawsuit in Etowah County, Alabama, alleging breach of express and implied warranties, as well as negligent or wanton installation and repair, and sought damages.The roofing company moved to dismiss the lawsuit for improper venue, arguing that a forum-selection clause in a “Service Agreement” required all disputes to be heard in Madison County, Alabama. The company attached an unsigned and undated sample agreement to its motion, but did not produce a copy signed by the homeowner or any evidence that the homeowner had agreed to such a clause. The homeowner responded that he had never signed, nor was he aware of, the agreement submitted by the company and also challenged the clause’s reasonableness. The Etowah Circuit Court denied the company’s motion to dismiss for improper venue.The Supreme Court of Alabama reviewed the company’s petition for a writ of mandamus, which sought to compel the lower court to dismiss the case or transfer it to Madison County. The Supreme Court held that the company failed to meet its burden of proving that the forum-selection clause applied, as it did not present evidence linking the blank agreement to the parties’ actual contract. Therefore, the Supreme Court of Alabama denied the petition, concluding that the circuit court did not clearly err in refusing to dismiss or transfer the case. View "Ex parte Continental Roofing Company, LLC" on Justia Law

A woman underwent cervical spine surgery and subsequently developed neurological symptoms, including balance problems, dizziness, and sensory changes. Her surgeon referred her to a neurologist at a specialty clinic, where she was evaluated by a physician who ordered a brain MRI. The MRI report noted findings that could not exclude multiple sclerosis (MS), but the neurologist did not inform the patient of these results, believing there were no dangerous findings that required immediate notification. The patient was not scheduled for further follow-up and continued to experience worsening symptoms over the next 19 months. Eventually, her primary doctor referred her to another neurologist, who diagnosed her with MS and began treatment, after which her condition stabilized.The patient and her husband filed a medical malpractice suit in Madison Circuit Court, alleging that the neurologist and the clinic negligently failed to inform her of her abnormal MRI results and failed to provide appropriate follow-up, leading to a significant delay in her MS diagnosis and treatment. During discovery, the plaintiffs’ expert testified that the delay worsened her symptoms, but when questioned, he stated he could not say with certainty that an earlier diagnosis would have changed her outcome. The circuit court granted summary judgment for the defendants, finding insufficient evidence of causation, and later struck the expert’s postjudgment affidavit as untimely.On appeal, the Supreme Court of Alabama affirmed the circuit court’s decision to strike the late-filed affidavit but reversed the summary judgment. The Supreme Court concluded that, when viewing the expert’s testimony as a whole and in the light most favorable to the plaintiffs, there was sufficient evidence for a jury to decide whether the neurologist’s failure to inform and follow up probably worsened the patient’s condition. The case was remanded for further proceedings. View "Keister v. Neurology Consultants of Huntsville, P.C." on Justia Law

A woman who had resided at an apartment complex in 2021 was injured when a bullet, fired from outside her apartment, struck her. She filed a pro se complaint with the Montgomery Circuit Court before the expiration of the statute of limitations, seeking to hold the apartment management responsible for her injuries on the basis that tenants were supposed to have 24-hour security due to increasing crime. The complaint, in the form of a letter, did not explicitly name a defendant or assert specific legal claims, but accompanying documents identified Hubbard Properties as the defendant and provided an address for service. However, she did not include summonses or provide instructions regarding service of process.No action was taken in the case until a status conference was held nearly two years later. Several months after that, and after the limitations period had expired, the plaintiff amended her complaint with the assistance of counsel, formally naming both Stonebridge and Hubbard Properties as defendants and asserting claims of negligence, wantonness, and failure to provide safe premises. At that time, she also included summonses and requested service by certified mail, and both defendants were served after the limitations period expired. The defendants moved to dismiss the complaint, arguing that the claims were barred by the statute of limitations because the plaintiff had not made a bona fide attempt to have the original complaint immediately served. The Montgomery Circuit Court denied the motions to dismiss without explanation.The Supreme Court of Alabama granted the defendants' petition for a writ of mandamus. The court held that, although the complaint was filed before the statute of limitations expired, the plaintiff did not have the bona fide intent to have it immediately served, as objectively required for timely commencement of an action under Alabama law. Because of this, and because service occurred after the limitations period, the court directed the circuit court to dismiss the complaint with prejudice. View "Ex parte Stonebridge, LLC" on Justia Law

The case involves the family of a deceased inmate who alleged that certain medical professionals and a health services foundation, after performing an autopsy at the request of correctional authorities, removed and retained the decedent’s organs without family consent. The family contended they were not informed or asked for permission regarding the autopsy or retention of organs, and only learned the organs were missing when preparing the funeral. They claimed to have relied on statements from hospital staff that such practices were standard, and only discovered in December 2023, through media reports, that retention of organs without next-of-kin consent was allegedly unlawful.The Montgomery Circuit Court reviewed and denied the defendants’ consolidated motion to dismiss, finding that statutory limitations could be tolled due to alleged fraudulent concealment. The court determined that the amended complaint sufficiently alleged facts that, if proven, could justify equitable tolling under Alabama law, and that the family’s claims were not time-barred because they filed suit within two years of learning the alleged conduct was illegal.On review, the Supreme Court of Alabama considered a petition for writ of mandamus by the University of Alabama Health Services Foundation and Dr. Stephanie Reilly. The Court held that mandamus relief was appropriate because, from the face of the complaint, the claims were barred by applicable statutes of limitations. The Court reasoned the causes of action accrued by November 6, 2021, when the family learned the organs were missing, and rejected arguments for tolling or for treating the alleged conduct as a continuous tort. The Court distinguished between statutes of limitations governing different claims, and found that all claims against the petitioners except the AUAGA claim were time-barred. It therefore granted the petition and directed dismissal of all claims against the petitioners except for the AUAGA claim. View "Ex parte University of Alabama Health Services Foundation" on Justia Law

Two sisters, aged twelve and nine, were sexually abused by their tutor during sessions at public libraries owned by two Alabama municipalities in 2017. The abuse was witnessed by library employees who allegedly failed to intervene or report the misconduct. The sisters disclosed the abuse to their mother later that year, prompting a police report. In 2023, the tutor was convicted of sexual abuse. In 2024, the sisters and their mother sued the municipalities, asserting negligence in failing to respond to the abuse.The initial complaint named nonprofit corporations associated with the libraries as defendants but was amended to substitute the municipalities themselves. Prior to filing the amended complaint, the plaintiffs served notices of claim to each municipality, but these were submitted more than six years after the alleged tortious conduct. Both the City of Irondale and the City of Birmingham moved to dismiss, arguing noncompliance with Alabama Code § 11-47-23, which requires notice of claim against a municipality within six months of claim accrual. The Jefferson Circuit Court granted their motions, dismissing the claims.On appeal, the Supreme Court of Alabama considered whether minors are exempt from the six-month notice requirement under § 11-47-23. The plaintiffs argued that minority status should toll the notice period, referencing statutory provisions that extend the time for filing suit by minors. The Supreme Court of Alabama held that § 11-47-23 contains no exception for minors and that the statutory tolling provision applies only to statutes of limitations, not notice-of-claim statutes. The court affirmed the Jefferson Circuit Court's dismissal of the claims against both municipalities, holding that minors are subject to the same notice requirements as adults under Alabama law. View "A.G.R. v. The City of Irondale" on Justia Law

A mother, acting on behalf of her minor child, brought medical malpractice claims against a hospital, a medical practice, and a physician after her child suffered injuries during birth. She alleged that the defendants failed to meet the applicable standard of care before, during, and after delivery, including failing to discuss delivery options, improperly conducting the delivery resulting in a shoulder injury, and failing to perform certain ultrasounds. The original and first amended complaints detailed specific alleged breaches of care. After fact discovery concluded, the mother disclosed expert witnesses whose opinions went beyond the scope of the existing pleadings, addressing acts or omissions not previously alleged.The defendants moved to strike the portions of the expert disclosures related to these new allegations. In response, the mother filed second amended complaints, adding new claims based on the acts and omissions identified by her experts, including allegations concerning the administration of Pitocin, repair of a perineal tear, and additional alleged nursing errors. The defendants then moved to dismiss these new allegations, arguing they were untimely under Alabama’s Medical Liability Act (AMLA), which requires timely amendment of complaints upon learning of new or different acts or omissions. The Talladega Circuit Court denied the motions to dismiss and motions to strike, reasoning that the amendments were timely because they were filed more than 90 days before trial and soon after the close of discovery.Reviewing the matter on petitions for writs of mandamus, the Supreme Court of Alabama held that the new allegations in the second amended complaints were not timely under AMLA § 6-5-551. The Court concluded that the plaintiff had knowledge of the facts underlying the new claims well before amending and failed to act promptly as required by statute. The Court directed the trial court to grant the motions to dismiss the new allegations, but the plaintiff’s remaining, timely claims could proceed. View "Ex parte Coosa Valley Medical Center" on Justia Law

The plaintiff underwent a vein-ablation procedure on her right leg in August 2016, performed by a physician other than the defendant. She subsequently developed an infection and was treated by the defendant, who performed several irrigation and debridement procedures over the following months. In March 2017, a 4" x 4" piece of gauze was removed from the plaintiff’s wound, raising questions about whether it had been negligently left in the wound during one of the defendant’s procedures or during subsequent wound care. The plaintiff filed a medical-malpractice complaint in July 2018, alleging that the defendant left a sponge in her body during a September 2016 surgery, which the defendant denied ever performing.The Shelby Circuit Court initially denied the defendant’s motion for summary judgment, allowing the plaintiff to proceed with her claims. After depositions and further discovery, the plaintiff sought to amend her complaint to correct the date of the alleged negligent procedure from September 21, 2016, to October 26, 2016, but continued to reference a vein ablation rather than the actual irrigation and debridement procedure. The defendant moved to strike the amended complaint, arguing undue delay and lack of specificity as required by the Alabama Medical Liability Act (AMLA). The circuit court denied the motion to strike and allowed the amendment.The Supreme Court of Alabama reviewed the case on a petition for writ of mandamus. It held that the plaintiff’s delay in amending her complaint was truly inordinate and unexplained, especially given the information available to her and the defendant’s repeated assertion of his rights under AMLA § 6-5-551. The court found that the circuit court exceeded its discretion by allowing the amendment and directed it to vacate its order granting leave to amend and to strike the plaintiff’s first amended complaint. The petition for writ of mandamus was granted. View "Ex parte Taylor" on Justia Law

A young woman was seriously injured when the passenger airbag in a 1998 Infiniti QX4 deployed during a low-speed collision, causing permanent vision loss in one eye. She was wearing her seatbelt at the time. The accident occurred when another vehicle exited a parking lot and collided with the Infiniti. The injured party, initially represented by her mother as next friend, sued the vehicle’s manufacturer, alleging that the airbag system was defectively designed and that safer alternative designs were available at the time of manufacture.The case was tried in the Mobile Circuit Court. During voir dire, two jurors failed to disclose their prior involvement as defendants in civil lawsuits, despite being directly asked. After a jury awarded $8.5 million in compensatory damages to the plaintiff on her Alabama Extended Manufacturer’s Liability Doctrine (AEMLD) claim, Nissan discovered the nondisclosures and moved for judgment as a matter of law, a new trial, or remittitur. The trial court denied all motions, finding that substantial evidence supported the verdict and, although it believed probable prejudice resulted from the jurors’ nondisclosures, it felt bound by Alabama Supreme Court precedent to deny a new trial.On appeal, the Supreme Court of Alabama affirmed the denial of Nissan’s renewed motion for judgment as a matter of law, holding that the plaintiff presented substantial evidence of a safer, practical, alternative airbag design. However, the Court reversed the denial of the motion for a new trial, concluding that the trial court erred in believing it lacked discretion due to prior case law. The Supreme Court clarified that the trial court retained discretion to determine whether the jurors’ nondisclosures resulted in probable prejudice and remanded the case for the trial court to exercise that discretion. View "Nissan North America, Inc. v. Henderson-Brundidge" on Justia Law

An 84-year-old man with a history of dementia was admitted to a hospital after several falls and subsequently transferred to a nursing home for rehabilitation. His wife, acting as his “Authorized Representative,” signed an optional arbitration agreement as part of his admission paperwork. During his stay, the man developed a pressure wound that became septic, leading to his removal from the facility and subsequent death. The wife, as personal representative of his estate, filed a wrongful death lawsuit against the nursing home and its administrator, alleging medical negligence and asserting that the man was incompetent and unable to make decisions for himself at the time of admission.The Mobile Circuit Court reviewed the defendants’ motion to compel arbitration, which was based on the signed agreement. The wife opposed the motion, arguing she lacked authority to bind her husband to arbitration because he was permanently incapacitated due to dementia. She provided medical records and her own affidavit to support her claim of his incapacity. The defendants countered with evidence suggesting the man had periods of lucidity and was not permanently incapacitated. The trial court denied the motion to compel arbitration and later denied a postjudgment motion by the defendants that included additional medical records.The Supreme Court of Alabama reviewed the case de novo. It held that the wife did not meet her burden to prove the man was permanently incapacitated or temporarily incapacitated at the time the arbitration agreement was executed. The Court found that the evidence showed the man had lucid intervals and was at times alert and able to communicate, and that no contemporaneous evidence established incapacity at the time of signing. The Supreme Court of Alabama reversed the trial court’s order and remanded the case, holding that the arbitration agreement was enforceable. View "Mobile Nursing and Rehabilitation Center, LLC v. Sliman" on Justia Law