Justia Alabama Supreme Court Opinion Summaries

Justin Craft and Jason Craft appealed the grant of summary judgment entered in favor of members of the Lee County Board of Education ("the Board") and the Superintendent of the Lee County Schools, Dr. James McCoy. During July, August, and September 2016, the Board hired S&A Landscaping to perform three projects of overdue lawn maintenance at Lee County schools. S&A Landscaping was owned by an aunt by marriage of Marcus Fuller, the Assistant Superintendent of the Lee County Schools. The Crafts, who were employed as HVAC technicians by the Board, questioned the propriety of hiring S&A Landscaping for those projects. The Crafts expressed their concerns with various current and former Board members and individuals at the State Ethics Commission ("the Commission") and at the Alabama Department of Examiners of Public Accounts. Although an individual at the Commission instructed Jason Craft on how to file a complaint with the Commission, neither of the Crafts did so. During this time, McCoy, Fuller, and others suspected various maintenance employees, including the Crafts, of misusing their Board-owned vehicles and misrepresenting their work hours. To investigate their suspicions, the Board had GPS data-tracking devices installed in Board-owned vehicles being used by employees to monitor their use and the employees' activities. A review of the GPS data indicated that certain employees, including the Crafts, had violated Board policy by inappropriately using the Board-owned vehicles and by inaccurately reporting their work time. McCoy sent letters to the Crafts and two other employees, advising them that he had recommended to the Board the termination of their employment. The letters detailed dates, times, and locations of specific incidents of alleged misconduct. The Crafts were placed on administrative leave, then returned to work to custodial positions that did not require them to use Board-owned vehicles. The Crafts appealed their job transfers, arguing they had not been afforded due process. An administrative law judge determined the Students First Act did not provide an opportunity for a hearing before the imposition of a job transfer. The Crafts thereafter sued the Board members and McCoy, seeking declaratory relief based on alleged violations of the anti-retaliation provision of section 36-25-24, Ala. Code 1975, arguing that they were punished for contacting the Commission. The Alabama Supreme Court determined the anti-retaliation protection was triggered only when an employee filed a complaint with the Commission. Because it was undisputed the Crafts did not file a complaint, they were not entitled to those statutory protections. Therefore, summary judgment in favor of the Board and McCoy was affirmed. View "Craft v. McCoy et al." on Justia Law

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

Deer breeders Terry Kennedy and Johnny McDonald sought to raise and hunt bigger deer by artificially inseminating whitetail deer with mule-deer semen. Whether they could do so depended on whether the resulting hybrid deer were covered by Alabama's definition of "protected game animals" in section 9-11-30(a), Ala. Code 1975. On a motion for a judgment on the pleadings, the Circuit Court concluded that, because the hybrid deer were the offspring of a female whitetail deer, they were "protected game animals," both by virtue of the inclusion in that definition of "whitetail deer ... and their offspring," and by virtue of an old legal doctrine called partus sequitur ventrem. The trial court therefore entered a judgment in favor of the deer breeders. The Alabama Supreme Court disagreed: because the modifier "and their offspring" in section 9-11-30(a) did not reach back to apply to the term "whitetail deer," and because the Latin maxim cited as an alternative theory for relief had no application in this case, the Supreme Court reversed and remanded. View "Blankenship v. Kennedy" on Justia Law

Joel Kennamer appealed a circuit court's dismissal of his complaint seeking a declaratory judgment, a preliminary injunction, and a permanent injunction against the City of Guntersville, the City's mayor Leigh Dollar, each member of the Guntersville City Council, and Lakeside Investments, LLC ("Lakeside"). Kennamer's complaint sought to prevent the City from leasing certain City property to Lakeside. Kennamer asserted that the City had erected a pavilion on "Parcel One" for public use and that residents used Parcel One for public fishing, fishing tournaments, truck and tractor shows, and public festivals and events. As for Parcel Two, Kennamer alleged that in 2000, the City petitioned to condemn property belonging to CSX Transportation, Inc. ("CSX"), "for the purpose of constructing [a] public boat dock and a public recreational park." In 2019, the City approved an ordinance declaring the development property "is no longer needed for public or municipal purposes." The development agreement, as updated, again affirmed that the development property would be used "for a mixed-use lakefront development containing restaurants, entertainment, retail, office space, high density multi-family residential, and other appropriate commercial uses, including parking." Thereafter, Kennamer sued the City defendants arguing the City lacked the authority to lease to a third-party developer City property that had been dedicated for use as, and/or was being used as, a public park. Finding that the City had the statutory authority to lease the property to the third-party developer, the Alabama Supreme Court affirmed the circuit court's dismissal. View "Kennamer v. City of Guntersville et al." on Justia Law

TD Bank, National Association and TD Bank US Holding Company (collectively, "TD Bank") petitioned the Alabama Supreme Court for a writ of mandamus to direct the circuit court to dismiss claims filed against them by Bolaji Kukoyi and Dynamic Civil Solutions, Inc., on the basis of a lack of personal jurisdiction. In January 2017, Kukoyi retained Jessyca McKnight, a real-estate agent and broker employed with A Prime Location, Inc., d/b/a A Prime Real Estate Location ("Prime"), to assist him in purchasing a house. Kukoyi made an offer on a house, the offer was accepted, and the closing was scheduled to take place at attorney David Condon's office in Birmingham. Before the closing date, McKnight and Prime received an e-mail purportedly from Condon's paralegal instructing Kukoyi to wire funds for the closing costs one week before the closing date to an account at a TD Bank location in Florida. According to Kukoyi, he questioned the instructions but was assured by McKnight and Prime that wiring the funds was necessary for the closing to go forward. Kukoyi initiated a wire transfer in the amount of $125,652.74 from an account he owned jointly with Dynamic Civil Solutions with ServisFirst Bank ("ServisFirst") to the account at TD Bank as instructed in the e-mail McKnight and Prime had forwarded to Kukoyi. Unbeknownst to plaintiffs, the account to which Kukoyi wired the funds had been opened by a company known as Ozoria Global, Inc. ServisFirst discovered that the wire transfer was fraudulent and had not been completely processed. Kukoyi requested that ServisFirst put a stop-payment on the wire transfer, and ServisFirst advised TD Bank that the transfer had been fraudulent and requested that TD Bank reverse the transfer. In late 2017, plaintiffs sued, asserting various causes of action against TD Bank and other defendants in relation to the wire transfer. By March 2019, TD Bank filed a motion to dismiss the claims against it based on a lack of personal jurisdiction. The Alabama Supreme Court determined TD Bank demonstrated that it had a clear legal right to mandamus relief, and granted the writ. The trial court was directed to grant TD Bank's motion to dismiss. View "Ex parte TD Bank US Holding Company" 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

Russell Construction of Alabama, Inc. ("Russell"), appealed a circuit court order that vacated an arbitration award in favor of Russell and against Christopher Peat. In 2015, Russell and Peat entered into a contract pursuant to which Russell agreed to construct a residence for Peat on "a cost plus a fee basis." The documents executed in connection with the contract provided, in the event of a controversy or dispute, first for mediation and then for arbitration in accordance with the rules of the American Arbitration Association. Upon completion of the residence, a dispute arose between Russell and Peat regarding Russell's performance and the balance due Russell under the contract. In January 2018, Russell filed a formal demand for arbitration, seeking $295,408 allegedly due from Peat for the construction of the residence. Peat counterclaimed, alleging breach of fiduciary duty and breach of contract and disputing his consent to costs incurred by Russell; Peat sought specific performance and an award of $255,000 on his counterclaims. Thereafter, in May 2018, the parties reached, as a result of mediation, a settlement agreement. In essence, the settlement agreement required Russell to make certain repairs to the residence; required Peat to pay Russell $245,408 on or before June 15, 2018, at which time Russell agreed to release its recorded lien; and required Peat to deposit into escrow an additional $50,000 to ensure completion, by the end of August 2018, of a "punch-list" to the satisfaction of a third-party "Construction Consultant." The Alabama Supreme Court determined the circuit court did not err to the extent that it set aside the judgment entered pursuant to the arbitrator's Final Award. The Court affirmed the trial court's July 25, 2019 order to the extent that it vacated any judgment on the arbitrator's Final Award related to Russell's and Peat's breach of the provisions of the settlement agreement that remained in effect after the Modified Partial Final Award and the distribution of the outstanding $50,000 at issue. The Court reversed that same order to the extent it purported to vacate any judgment on the Modified Partial Final Award of $258,959.89 and remanded this case for further proceedings. View "Russell Construction of Alabama, Inc. v. Peat" 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