Justia Alabama Supreme Court Opinion Summaries

Marvin Gray sought mandamus relief to direct the Montgomery Circuit Court to dismiss a complaint filed against him by Ruthie Thomas. In 2017, Thomas was involved in an automobile accident with Gray in a Montgomery parking lot. In 2019, she filed suit. Eighty-nine days after she filed her original complaint, Thomas moved to amend her complaint, asserting she made multiple "scrivener's errors" resulting in the incorrect identification of one of the defendant in the original complaint. In the amendment, Thomas named Gray as defendant in place of another person involved in the accident. Gray filed a motion to dismiss the claims against him, asserting that he was not added as a defendant until after the statute of limitations had expired. Gray argued that the amended complaint did not relate back to the filing of the original complaint because, he argued, it did not satisfy the requirements of Rule 9(h), Ala. R. Civ. P., regarding fictitiously named defendants. In particular, Gray asserted that Thomas was aware of Gray's name 12 days following the accident and well before the expiration of the statute of limitations. Because the Alabama Supreme Court concluded the amended complaint related back to the filing of the original complaint under Rule 15, Ala. R. Civ. P., it denied Gray's petition. View "Ex parte Marvin Gray." on Justia Law

Jostens, Inc. ("Jostens"), John Wiggins, and Chris Urnis (collectively, "defendants") appealed a circuit court's denial of their renewed motions for a judgment as a matter of law following the entry of a judgment on a jury verdict in favor of Herff Jones, LLC ("Herff Jones"), and Brent Gilbert (collectively, "plaintiffs"). Herff Jones and Jostens were nationwide competitors that manufactured scholastic-recognition products (e.g., class rings, diplomas, caps, gowns, tassels, and graduation announcements) for high school students. The companies sold their products through independent-contractor small businesses located in the schools' territories. Gilbert's business was GradPro Recognition Products, Inc. ("GradPro"), and he worked with Herff Jones for over 30 years, both as a sales representative for his father and as the current owner of GradPro. Wiggins worked for an independent distributor of Jostens from 2000 to late 2003; Urnis worked for an independent distributor of Jostens from 2001 to 2005. In 2004 and 2006, respectively, Gilbert hired Wiggins and Urnis away from Jostens to be sales representatives for GradPro and, ostensibly, for Herff Jones. Before joining Gilbert in working on behalf of Herff Jones, Wiggins and Urnis each spent one year away from the industry to honor their noncompetition agreements. After working with GradPro for a time, Wiggins and Urnis went to another independent distributor for Jostens. Herff Jones suffered a substantial loss in business, allegedly stemming from the move. An issue at trial arose over whether plaintiffs were required to present direct, customer-by-customer evidence of the reasons each of the 47 blue-list schools that switched from Herff Jones to Jostens in order for the issue of causation to be submitted to the jury. The Alabama Supreme Court determined plaintiffs presented ample circumstantial evidence that would allow the jury to infer that defendants' wrongful conduct led to plaintiffs' loss of the school accounts at issue. Accordingly, the Supreme Court affirmed the trial court's order denying the defendants' renewed motion for a judgment as a matter of law. View "Jostens, Inc. v. Herff Jones, LLC" 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

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

Deutsche Bank National Trust Company sought to appeal a circuit court order in a foreclosure action it brought against Dortha and Randy Karr. The Alabama Supreme Court determined the order appealed from was not a final judgment, thus it dismissed the Bank's appeal. View "Deutsche Bank National Trust Company v. Karr" 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

Michael Hubbard was charged with 23 counts of violating Alabama's "Code of Ethics for Public Officials, Employees, Etc.," sections 36-25-1 to -30, Ala. Code 1975 ("the Ethics Code"). The Circuit Court entered a judgment on a jury verdict convicting Hubbard on 12 of the 23 counts. Hubbard appealed to the Court of Criminal Appeals, which affirmed the convictions on 11 counts and reversed the conviction on 1 count. Hubbard petitioned the Alabama Supreme Court for certiorari review of the 11 counts affirmed by the Court of Criminal Appeals, which was granted. After that review, the Supreme Court affirmed the judgment of the Court of Criminal Appeals as to Hubbard's convictions on six counts, but reversed as to the convictions on five counts because they were based on insufficient evidence or incorrect interpretations of the Ethics Code. View "Ex parte Michael Gregory Hubbard." on Justia Law

Jimmy Leftwich, Jr., appealed a circuit court's denial of his motion for a new trial in his negligence action against Steven Brewster. Leftwich alleged that Brewster breached a duty to competently inspect a house that Leftwich purchased. The jury returned a verdict in favor of Brewster. On appeal, Leftwich contended the trial court erred in failing to disqualify two jurors for cause and that the trial court erroneously excluded vital evidence that provided estimated costs to repair the home. After review, the Alabama Supreme Court found no reversible error and affirmed the judgment of the trial court. View "Leftwich v. Brewster" on Justia Law

Huntingdon College, a beneficiary of the Bellingrath-Morse Foundation Trust ("the Foundation"), petitioned the Alabama Supreme Court for a writ of mandamus directing the Mobile Probate Court to vacate its order denying Huntingdon's motion to dismiss an action filed by the Foundation's trustees, on behalf of the Foundation, and to enter an order dismissing the action for lack of jurisdiction. Walter Bellingrath established the Foundation, a charitable trust ("the Trust Indenture"). Mr. Bellingrath contributed to the Foundation, both at its inception, and through his will and codicil, substantial property, including the Bellingrath Gardens ("the Gardens") and his stock in the Coca-Cola Bottling Company. Beneficiaries of the Foundation included three privately supported Christian colleges: Huntingdon College, Rhodes College, and Stillman College. The Foundation’s trustees and the beneficiaries have historically disagreed as to whether the Trust Indenture contemplated the subsidy of the Gardens by the Foundation and, if so, to what extent and with what limitations, if any. The trustees had difficulty operating the Gardens based on agreed-upon caps to the Garden's subsidy, and have voted to increase the distribution amount to the Gardens. They sought declaratory relief in order to maintain a reserve for the repair and capital improvement of the Gardens, and to distribute to the Gardens, in the trustees' sole discretion, such amount of the Foundation's income they deemed necessary for the maintenance, repair and operation of the Gardens. The Alabama Supreme Court determined the the probate court lacked jurisdiction to modify the Mobile Circuit Court's final judgment approving a 2003 Amendment. The Supreme Court therefore granted the petition for a writ of mandamus and directed the probate court to dismiss the trustees' action. View "Ex parte Huntingdon College." on Justia Law

Lawler Manufacturing Co., Inc., appealed an order requiring Chris Lawler, president of Lawler Manufacturing, among other things, to authorize and give his consent to a pending shipment of goods from China, and to refrain from engaging in conduct that is contrary to the best interest of Lawler Manufacturing. In 2019, Lawler Manufacturing sued Delmas Lawler, a shareholder, vice president, and alleged former employee of Lawler Manufacturing, and Sandra Lawler, an alleged former employee, alleging breach of fiduciary duty, theft, and conspiracy. Delmas moved the court to order Lawler Manufacturing and Chris, as president of Lawler Manufacturing, to continue the business operations of Lawler Manufacturing in the usual and customary manner in which business affairs had been conducted before the litigation was commenced, which would include authorizing the shipment of an order from China that had been placed earlier. The trial court granted the motion and ordered Chris to act in the best interest of the company. The Alabama Supreme Court determined the trial court did not have jurisdiction to enter the order. The presiding judge disqualified himself from this case, and no longer had authority to appoint his successor or to enter the order appointing the judge who entered the order requiring Chris Lawler to act in Lawler Manufacturing's best interest. " Therefore, Presiding Judge Woodruff's appointment of Judge Fannin was not a valid judicial appointment, and that order is vacated." View "Lawler Manufacturing Co., Inc. v. Lawler" on Justia Law