Justia Alabama Supreme Court Opinion Summaries

Following an automobile accident in Lee County, Alabama between Dionne Drisker and Sean Michael Allen, Drisker sued Allen, One Bonehead Trucking, Inc. ("Bonehead"), and FedEx Ground Package System, Inc. ("FedEx"), in Macon County, where Drisker resided. The defendants sought a writ of mandamus directing the Macon Circuit Court to transfer this case to the Lee Circuit Court under the interest-of-justice prong of the forum non conveniens statute. Because the defendants demonstrated that the connection between this case and Macon County was weak and that the connection between this case and Lee County was strong, the trial court exceeded its discretion by denying the defendants' motion to transfer the case to Lee County. The Alabama Supreme Court therefore directed the trial court to transfer this case to Lee County. View "Ex parte Sean Allen, One Bonehead Trucking, Inc., & FedEx Ground Package System, Inc." on Justia Law

David Turner appealed the grant of summary judgment entered in favor of State Farm Mutual Insurance Company. In August 2017, Turner was on duty as a paramedic and was riding in the passenger seat of an ambulance while responding to an emergency call. While traversing an intersection, the ambulance collided with a vehicle being driven by Michael Norris. Turner suffered multiple injuries, including a broken leg. In November 2017, Turner sued Norris, asserting claims of negligence and "recklessness." Norris answered the complaint, denying that he had been negligent or reckless. Because the Alabama Supreme Court Held that State Farm was discharged from its obligation to pay Turner UIM benefits based on State Farm's payment of a "Lambert" advance and Turner's repudiation of his policy with State Farm, the Court pretermitted consideration of Turner's alternative argument regarding State Farm's failure to disclose the substance of its investigation of Turner's claim for UIM benefits, and expressed no opinion concerning that issue. The Court also expressed no opinion regarding any potential liability State Farm may or may not have to Turner in tort because Turner did not assert such a claim in this action. View "Turner v. State Farm Mutual Insurance Company" on Justia Law

In April 2017, Jerry Mohr, a Mobile County resident and an employee of CSX Transportation, Inc. ("CSX"), was injured in an on-the-job accident while working on a crew that was repairing a section of CSX railroad track near the Chef Menteur Bridge in Louisiana. Mohr sued CSX in the Mobile Circuit Court, asserting a negligence claim under the Federal Employers' Liability Act ("FELA"). The trial court ultimately entered a summary judgment in favor of CSX. Mohr appealed that judgment, arguing there were genuine issues of material fact that could only be resolved by a jury. Finding no reversible error, the Alabama Supreme Court affirmed. View "Mohr v. CSX Transportation, Inc." on Justia Law

Rita Edwards, as mother of Raven Edwards, appealed the grant of summary judgment entered in favor of Penny Pearson on the ground of State-agent immunity. In 2014, Raven, an eight-year-old student at Airport Road Elementary School, attempted to cross the Deatsville Highway to board a school bus being driven by Pearson, an employee of the Elmore County Board of Education. As she did so, Raven was struck by an automobile, and she ultimately died as a result of her injuries. Edwards sued for wrongful death, alleging Pearson negligently had instructed and/or invited Raven to cross the highway to board the school bus. Pearson filed an answer denying the allegations in the complaint and asserting various affirmative defenses, including, among others, State-agent immunity. After review, the Alabama Supreme Court determined Pearson demonstrated she was entitled to State-agent immunity, and Edwards failed to demonstrate that an exception to that immunity applied. Accordingly, the trial court properly entered a summary judgment in Pearson's favor. View "Edwards v. Pearson" on Justia Law

Deborah Shannon suffered from ongoing medical problems she claimed were the result of an automobile accident. The jury that considered the claims she asserted against the other driver rejected her claims and returned a verdict in favor of the other driver. The trial court denied Shannon's motion for a new trial and she appealed, contending the jury's verdict was not sustained by a preponderance of the evidence. Finding adequate evidence to support the verdict, the Alabama Supreme Court affirmed. View "Shannon v. Smith" on Justia Law

Tamikia Everheart; Cardell Coachman, by and through his mother and next friend Johnitia Coachman; Michael Coleman, as administrator of the estate of Diane McGlown; Mary Weatherspoon; and Elizabeth McElroy, as administratrix of the estate of Jakobie Johnson (collectively, "plaintiffs"), filed four separate of summary judgments entered in their separate cases by the Jefferson Circuit Court in favor of Rucker Place, LLC, and Savoie Catering, LLC. While attending a Christmas party in December 2015 at the residence of Bruce McKee and Dale McKee, Jason Bewley consumed alcohol. Later, he was driving while allegedly intoxicated and was involved in an accident with a vehicle occupied by five individuals. As a result of the accident, two of those individuals were injured and the other three were killed. The plaintiffs filed four separate actions against Bewley, alleging negligence and wantonness in the operation of his vehicle. The plaintiffs also asserted dram-shop claims against Dale McKee; the estate of Bruce McKee, who died shortly after the Christmas party; Savoie Catering, LLC, which had catered the McKees' party and had served guests alcohol that had been provided by the McKees; and Rucker Place, LLC, which operates a catering business with connections to Savoie, but which claims it had no involvement with the McKees' party. The Alabama Supreme Court affirmed the trial court's judgments based on the conclusion that plaintiffs did not demonstrate that Reg. 20-X-6- .02(4) applied to the circumstances involved in their cases. The Court expressed no opinion as to whether plaintiffs presented evidence sufficient to establish a joint venture between Savoie and Rucker Place. View "Everheart et al. v. Rucker Place, LLC et al." on Justia Law

Acting pro se, Costillo Johnson, who, for purposes of this litigation, identified himself as "Asume Bjambe Ausir Imhotep El" ("Johnson"), appealed a circuit court's order dismissing his civil claims of assault and battery and "retaliation" against: "Ms. Ellis," purportedly a nurse's aid at Bibb Correctional Facility where Johnson was incarcerated; Wexford Medical, Ellis's purported employer; and the Alabama Department of Corrections ("ADOC"). Because it concluded the trial court lacked subject-matter jurisdiction, the Alabama Supreme Court vacated its judgment and dismissed the appeal. View "Johnson v. Ellis" on Justia Law

Cedrick Nettles was struck by a wheel that detached from an automobile owned and operated by Antwon Aaron. Nettles sued Ryan Pettway, doing business as Pettway's Paint, Body and Wrecker Service ("Pettway"), alleging that Pettway had negligently and/or wantonly installed the wheel on the automobile and that Pettway's negligence and/or wantonness resulted in Nettles' injury. Aaron engaged Pettway to install "after market" wheel rims and tires on his automobile. The wheel rims and tires required the use of wheel adapters containing studs. Aaron purchased used adapters containing the studs from a discount tire store. He thereafter provided the wheel adapters, rims, and tires to Pettway for installation. Aaron explained that, approximately 10 to 12 hours after picking up the automobile from Pettway and driving it, the left rear tire of the automobile suddenly, unexpectedly, and without warning came off, injuring Nettles, who had been standing in a yard adjacent to the street on which Aaron was driving. The next day, Aaron returned the automobile to Pettway, who determined that three of the five studs on the left rear adapter were completely sheared off and that the other two were broken. The trial court entered summary judgment in Pettway's favor. The Alabama Supreme Court concluded Nettles failed to produce substantial evidence by inference or ordinary means to establish that Pettway negligently installed the wheel that caused Nettles's injuries. Accordingly, the summary judgment in favor of Pettway was affirmed. View "Nettles v. Pettway d/b/a Pettway's Paint, Body & Wrecker Service" on Justia Law

Josie Wright was injured when she fell in front of the Millbrook Civic Center. She and her husband James sued the City of Millbrook based on her injuries. The City's liability turned on a question of statutory interpretation. The City asked the Alabama Supreme Court to issue a writ of mandamus to direct the Elmore Circuit Court to grant the City's motion for a summary judgment on the basis of Article 2 of the recreational-use statutes, sections 35-15- 20 through -28, Ala. Code 1975. That article immunized landowners from liability for accidents that occur on "outdoor recreational land." Because the City did not show the civic center was included within the definition of "outdoor recreational land" in Article 2, the Court denied the petition. View "Ex parte City of Millbrook." on Justia Law

In 1992, Leslie Hill pleaded guilty to five misdemeanor counts of distributing obscene material for renting adult videos at a video-rental store he owned. In November 2013, Hill was arrested in Homewood on a misdemeanor charge of harassing communications. Pursuant to that arrest, the Sheriff's Department determined that, based on Hill's 1992 convictions, he was required to register as a sex offender under the Sex Offender Registration and Community Notification Act ("SORNA"). Hill refused to do so on the ground that the 1992 convictions did not qualify as sex offenses under SORNA. The Sheriff's Department collaborated with WVTM-TV on a weekly televised news segment entitled "To Catch a Predator;" the Department would “select somebody that we were either having trouble finding or somebody that had refused to come register or whatever the case may be. . . .And we would type up a script for the Sheriff to read, and then we would take it over to his office and he would read it basically in front of one of the TV cameras in his office to run on TV." Hill was featured on the December 6, 2013, segment of "To Catch a Predator." After the December 6 broadcast, Hill, through his attorney, contacted the district attorney’s office expressing his opinion that his 1992 convictions did not constitute a sex offense under SORNA. A deputy district attorney agreed and requested that the warrants be recalled. On December 10, 2013, both warrants issued against Hill were recalled. Neither Hill nor his attorney contacted WVTM after the December 6 broadcast to inform it that the warrants against Hill had been recalled. On a December 13 airing of the program, a news anchor stated the warrants against Hill had been recalled. Nevertheless, Hill sued Sheriff Hale, a deputy and lieutenant, and WVTM, alleging state-law claims of defamation, false light, negligent training and supervision, and the tort of outrage against all defendants. In appeal no. 1180343, Birmingham Broadcasting (WVTM-TV) appealed a $250,000 judgment entered on a defamation verdict against it. In appeal no. 1180370, Hill appealed the dismissal of all the claims Hill asserted against three members of the Jefferson County Sheriff's Department ("the Sheriff's Department") on the basis of state immunity. After review, the Alabama Supreme Court reversed judgment in appeal no. 1180343 and rendered judgment in favor of WVTM, and affirmed judgment in appeal no. 1180370. View "Birmingham Broadcasting" on Justia Law