Justia Alabama Supreme Court Opinion Summaries

South Alabama Brick Co., Inc., d/b/a Riley-Stuart Supply Co. ("SAB"), appealed a Circuit Court's judgment in the amount of approximately $12.6 million in favor of J. Gregory Carwie, as temporary conservator of Benito Perez, who suffered catastrophic injuries when he fell through a skylight in the roof of a warehouse owned and operated by SAB. The Supreme Court reversed and remanded, finding that the condition at issue here was a preexisting condition of SAB's facility. SAB hired an independent roofing contractor, Cooner Roofing, with previous experience repairing the roof of that facility, to make repairs determined by that contractor to be necessary and appropriate. Under the circumstances of this case, SAB was not legally responsible for warning Cooner Roofing's employees of the risks of working on that roof. Because of the Court's disposition of the issue of liability, it did not reach SAB's arguments relating to the damages awarded against it. View "South Alabama Brick Co., Inc. v. Carwie" on Justia Law

Rock Wool Manufacturing Company ("Rock Wool") petitioned the Alabama Supreme Court for a writ of mandamus to direct the Jefferson Circuit Court ("the circuit court") to vacate its order denying Rock Wool's motions to dismiss a complaint filed against it by Palmer and Jessie Cason, and to enter a new order dismissing the Casons' complaint. This matter started over Palmer Cason's work as a furnace operator for Rock Wool. A furnace exploded and he suffered injuries. At some point before the explosion, Rock Wool had caused certain safety equipment called "explosion doors" to be removed from the furnace Palmer was operating. The "explosion doors" had the capacity at least to mitigate injury to the operator in the event of an explosion. Rock Wool persuasively argued that the exclusive-remedy provisions of the Workers' Compensation Act applied here to bar the Casons' claims against it; thus, Rock Wool demonstrated a clear legal right to the relief sought. View "Ex parte Rock Wool Manufacturing Company." on Justia Law

In case no. 1130359, Mobile County, the Mobile County Commission ("the Commission"), and the individual members of the Commission (collectively, "the County"), appealed a circuit court's judgment ordering the County to provide certain funding to the District Attorney's Office for the Thirteenth Judicial Circuit. In case no. 1130404, Ashley Rich, who was the district attorney for the Thirteenth Judicial Circuit, cross-appealed. Rich alleged that, under Act No. 82-675, Ala. Acts 1982 ("the 82 Act"), as amended by Act No. 88-423, Ala. Acts 1988 ("the 88 Act"), the County was obligated to provide certain funding to the District Attorney's Office for the 2011-2012 fiscal year and it had failed to do so. Rich contended that the 82 Act required the County to provide funds sufficient to compensate eight "legal stenographers" and to purchase certain equipment and supplies for the investigative unit of the District Attorney's Office. Although the County had appropriated money for the District Attorney's Office for the 2011- 2012 fiscal year, Rich contended that significantly more funds were due to be appropriated under the Acts. The complaint was later amended to add similar claims for later fiscal years. The County contended, among other things, that it had complied with the funding requirements of the Acts. All the judges of the Thirteenth Judicial Circuit recused themselves from the action. A Judge from the Monroe District Court was appointed to preside over the action. Upon review of the parties' arguments on appeal, the Supreme Court affirmed the portion of the trial court's judgment holding that the 82 Act did not require the County to provide funding for the salaries of certain individuals working in the investigation unit of the District Attorney's Office. The portion of the judgment holding that raises subsequently effected by the County and the State did not impact the salary-funding amounts found in the local acts was reversed, and the case was remanded for further proceedings. View "Rich v. Mobile County" 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

The Alabama Department of Corrections ("the DOC"); Cheryl Price, former warden of Bibb Correctional Facility; Dwayne Estes, former assistant warden of the facility; and Captain John Hutton, a correctional officer at the facility, petitioned for a writ of mandamus to direct the Montgomery Circuit Court to vacate its order denying their motion for a summary judgment and to enter a new order granting the motion on the ground that they were entitled to immunity. The suit against defendants arose over the stabbing death of Tyus Elliot, who was allegedly killed by another inmate. Based on the evidence presented, the Supreme Court concluded defendants were entitled to immunity from all claims. Accordingly, defendants have shown a clear legal right to the relief sought, and the circuit court was directed to enter a summary judgment in their favor. View "Ex parte Alabama Department of Corrections et al." on Justia Law

PNC Bank, National Association, and Sonja Moore-Dennis separately appealed a Circuit Court order denying their motion to compel arbitration as to Joseph Franklin's claims against them. Franklin had three bank accounts with the predecessor bank to PNC Bank, RBC Bank (USA), before RBC Bank merged with PNC Bank. Shortly before the merger, PNC Bank, in January 2012, allegedly mailed a welcome letter and a PNC Bank Account Agreement. The account agreement did not contain an arbitration provision. Tamara Franklin, Franklin's niece came to to visit one day. Tamara noticed a document that she thought was a bank statement from PNC Bank. After looking at the document, Tamara was concerned that Franklin owed money to PNC Bank. Franklin said he did not owe PNC Bank any money but that Tamara could call his financial advisor, Sonja Moore-Dennis, if she had any concerns. Franklin alleged that Moore-Dennis was a PNC Bank agent or employee at this time; PNC Bank denies that it had ever employed Moore-Dennis. After investigating the matter, Franklin and Tamara came to the conclusion that Moore-Dennis had been stealing funds from Franklin's accounts. Additionally, it appeared to Franklin and Tamara that Moore-Dennis had created an online banking profile for Franklin but had set up the profile so that account notifications were sent to her e-mail address. Franklin, who is elderly, did not have Internet access or an e-mail address and did not know how to use online banking. Franklin sued PNC Bank and Moore-Dennis alleging fraud, suppression, breach of fiduciary duty, and various forms of negligence and wantonness. PNC Bank moved to compel arbitration, raising the terms of the account agreement as grounds for its motion. The Alabama Supreme Court affirmed the circuit court’s order, finding that the Bank and Moore-Dennis failed to prove that Franklin received the account agreement or accessed a specific web page that contained the arbitration provision as described in the account agreement. View "Moore-Dennis v. Franklin" on Justia Law

Cathy Trimble and Ida Longmire petitioned for a writ of mandamus to direct the Perry Circuit Court to enter a summary judgment in their favor on certain claims asserted against them by Crystal Lewis, individually and by and through her mother and next friend, Mary Lewis. In October 2012, Crystal was a 12th-grade student at Francis Marion High School. The school system was covered by Section 504 of the Rehabilitation Act, which generally required a school district to provide reasonable accommodations to assist any child deemed to have a "disability" as that term is defined by the Act. Crystal had a medical condition that required the Perry County public school system to provide her with certain special accommodations. Longmire was an English teacher at Francis Marion High School and also served as committee-member secretary for the school's Section 504 special-accommodations meetings. Longmire prepared an updated report of the special accommodations required by Section 504 intended to inform particular teachers of the 504 accommodations for specific students. Longmire placed a copy of the report in sealed envelopes, which were to be hand delivered to the teachers. Longmire asked Trimble, acting principal of the school, about distributing the envelopes. Trimble assigned a student office aide the task of delivering the envelopes to the teachers. Rather than delivering the envelopes as instructed, the student office aide opened one of the sealed envelopes and read about Crystal's medical condition. She shared that information about Crystal's medical condition with other students. Crystal commenced this action against Longmire, Trimble, the student office aide, the Perry County Board of Education, "Francis Marion High School," and other school administrators. In her complaint, Crystal alleged that she has faced ridicule, harassment, and bullying as a result of the dissemination of her confidential medical information. She asserted claims of negligence, wantonness, nuisance, breach of contract, and invasion of privacy against each defendant and claims of negligent hiring, training, and supervision against all the defendants except the student office aide and Longmire. Longmire and Trimble moved for a summary judgment on the ground that they were entitled to State-agent immunity as to all claims asserted against them by Crystal. The Supreme Court determined that Longmire and Trimble were entitled to State-agent immunity. The trial court was ordered to vacate its order denying the motion for a summary judgment filed by Longmire and Trimble and to enter a summary judgment in their favor. View "Ex parte Trimble & Longmire" on Justia Law

Kindred Nursing Centers East, LLC, d/b/a 0791-Kindred Transitional Care and Rehabilitation-Whitesburg Gardens ("Whitesburg Gardens"), owned and operated a long-term care and rehabilitation facility. Whitesburg Gardens was sued by Lorene Jones, and appealed an order denying its motion to compel arbitration of Jones's claims. The Supreme Court reversed and remanded: Jones was mentally competent when she was admitted to and during her stay at the facility. Because precedent held that competent residents of nursing homes could be bound by arbitration agreements executed by their representatives, the Court held that Jones was so bound. Moreover, in view of the evidence indicating that Jones passively permitted her daughter Yvonne Barbour to act on her behalf in signing the admission forms and the lack of evidence indicating that Jones ever objected to Barbour's signing those forms, the Court held that Barbour had the apparent authority to bind Jones at the time Barbour signed the admission documents. Under these circumstances, Whitesburg Gardens proved the existence of a valid contract calling for arbitration. The trial court erred in denying the motion to compel arbitration. View "Kindred Nursing Centers East, LLC. v. Jones" on Justia Law