Justia Alabama Supreme Court Opinion Summaries

On January 7, 2018, John Doe, a minor, by and through his mother S.C., filed the underlying action against the Montgomery County Board of Education, seeking compensatory damages and punitive damages arising from an alleged assault on Doe by a school employee at the elementary school Doe attended, as a result of which Doe was injured. The complaint asserted a single count of negligence against the Board and other unidentified fictitiously named defendants. Specifically, Doe alleged the Board breached its duty "to not place him in harm or specifically harm him" and that the Board failed to properly train and supervise the employee allegedly responsible for the assault. The Board petitioned the Alabama Supreme Court for a writ of mandamus to direct the Montgomery Circuit Court to dismiss Does' lawsuit, on sovereign immunity grounds. Finding the Board was an entity of the State, it enjoyed immunity from Doe's action under section 14 of the Alabama Constitution. Accordingly, the Board has demonstrated a clear legal right to a writ of mandamus directing the trial court to dismiss the lawsuit against it, and issued the writ. View "Ex parte Montgomery County Board of Education." on Justia Law

Integra LifeSciences Corporation ("Integra") petitioned the Alabama Supreme Court for mandamus relief in a suit brought by Tawni Brooks and her husband, Bobby Brooks. In 2014, Brooks underwent a double mastectomy and breast-reconstruction procedure at Springhill Memorial Hospital in Mobile. Brooks experienced complications following her surgery, and a subsequent surgery performed in 2015, revealed that those complications were potentially related to surgical mesh implanted in her body as part of the 2014 procedure. In 2016, Brooks sued the doctor who performed the procedure and various fictitiously named defendants, including "the manufacturer of the mesh used in [Brooks]'s operation." Integra was ultimately determined to be the manufacturer of the mesh; the company moved for summary judgment on grounds that the applicable statute of limitations had run, and that Brooks' second amended complaint did not relate back to the original complaint. As to Brooks' Alabama Extended Manufacturer's Liability Doctrine ("AEMLD") claim against Integra, the Alabama Supreme Court granted Integra's petition and issued a writ directing the trial court to enter a summary judgment in favor of Integra. With respect to the breach-of-warranty claim, however, Integra did not establish a clear legal right to relief; as to that claim, the petition was denied. View "Ex parte Integra LifeSciences Corporation." on Justia Law

Ankor Energy, LLC, and Ankor E&P Holdings Corporation (collectively, "Ankor") appealed a circuit court's grant of a motion for a new trial in favor of Jerry Kelly, Kandace Kelly McDaniel, Kelly Properties, LLP, and K&L Resources, LLP (collectively, "the Kellys"). In 2010, Renaissance Petroleum Company, LLC, drilled two oil wells in Escambia County, Alabama. The Kellys owned property in Escambia County and entered into two leases with Renaissance. The leases included property near the two wells. In December 2010, Ankor acquired an interest in Renaissance's project and leases in Escambia County. In January 2011, Renaissance and Ankor petitioned the Oil and Gas Board ("the Board") to establish production units for the two wells. In February 2011, the Board held a hearing to determine what property to include in the production units. The Kellys were represented by counsel at the hearing and argued that their property should be included in the production units. The Board established the production units for the two wells but did not include the Kellys' property. Renaissance continued to operate the project until May 2011, when Ankor took over operations. In December 2011, Ankor offered to request that the Board include the Kellys' property in the production units. Ankor took the position that it had not drained any oil from the Kellys' property, and Ankor offered to pay royalties to the Kellys but only after the date the Board included the Kellys' property in the production units. The Kellys did not accept the offer, and later sued, listing multiple causes of action and alleging Ankor failed to include their property in the production units presented to the Board, knowing that their property should have been included. After review, the Alabama Supreme Court reversed the trial court's order granting the Kellys' motion for a new trial based on juror misconduct; the matter was remanded for the trial court to reinstate the original judgment entered on the jury's verdict in favor of Ankor. View "Kelly v. Ankor Energy, LLC" on Justia Law

Dionntez Byner petitioned the Alabama Supreme Court for a writ of certiorari to review the Alabama Court of Criminal Appeals' decision to affirm dismissal of his petition for postconviction relief. Byner challenged his 2015 convictions for one count of first-degree robbery , and one count of obstructing justice using a false identity. The Supreme Court issued the writ of certiorari in order to determine as an issue of first impression whether robbery was a crime involving "dishonesty or false statement" for purposes of Rule 609(a)(2), Ala. R. Evid., thereby rendering evidence of a conviction for robbery admissible for impeachment purposes. The Court held robbery wass a crime involving "dishonesty or false statement" and that a prior robbery conviction was admissible for impeachment purposes under Rule 609(a)(2). Accordingly, the Court affirmed the Court of Criminal Appeals' judgment. View "Ex parte Dionntez Byner." on Justia Law

Seven members of the Supreme Court of Alabama, including the Chief Justice, recused themselves from consideration of all matters related to this mandamus petition pursuant to Canon 3.C of the Alabama Canons of Judicial Ethics. Their recusal left Associate Justices William Sellers and Brady Mendheim, Jr., to hear the petition. Justice Sellers, as Acting Chief Justice, notified the parties that an additional five justices would be selected by random drawing from a pool of retired justices and judges and active circuit judges, after which five judges were appointed to serve as Special Associate Justices. Former Alabama Supreme Court Justice Roy Moore and his campaign committee, "Judge Roy Moore for US Senate" ("the Committee"), petitioned the Court for a writ of mandamus to direct the Montgomery Circuit Court ("the trial court") to transfer an action filed by Leigh Corfman alleging defamation against Moore and the Committee to the Etowah Circuit Court. “Considering a mandamus petitioner's heavy burden” and all the materials before it, the Court concluded that the trial court did not exceed its discretion in denying the motion for a change of venue based on the interest of justice or on the convenience of the parties and the witnesses. Accordingly, it denied the petition. View "Ex parte Roy S. Moore and Judge Roy Moore for US Senate." on Justia Law

CGI Technologies and Solutions, Inc. ("CGI"), and Clinton Carter, in his capacity as Director of the Alabama Department of Finance, separately petitioned the Alabama Supreme Court for a writ of mandamus directing the Montgomery Circuit Court to dismiss, for lack of subject-matter jurisdiction, an action filed by Jim Zeigler challenging a contract between CGI and the State of Alabama on the basis that the contract violated Alabama's competitive-bid law. In 1982, the State of Alabama, through the Department of Finance, entered into a software contract with American Management Systems, Inc. ("AMS"), that granted the State a license to install a local-government finance-system package on computers in the Finance Department. There was no dispute that the 1982 contract was competitively bid. In 2004, AMS was acquired by CGI. Over subsequent years, the 1982 contract was amended; Amendment 13 became known as the State of Alabama Accounting Resources System ("STAARS"). The State and CGI entered into four amendments addressing STAARS between March 2014 and September 2015. On March 31, 2017, the State and CGI entered into a letter agreement memorializing an understanding "relative to concluding work" on STAARS. The letter agreement noted that "CGI acknowledges the State's intent to begin transition to an in-house delivery plan or to award a new contract for operational services and support for STAARS within 90 days of the date of this letter, after which, CGI will provide Disengagement Services." Also, the letter agreement recognized a "winding down" of the contractual relationship between CGI and the State, which was to conclude by September 30, 2017. Other than the "winding-down period," the State agreed that "CGI has satisfied its contractual obligations with respect to the STAARS project and software and services provided by CGI under the STAARS Contract." The State contracted for further services from CGI after October 1, 2017, but not extending beyond November 29, 2017. According to Zeigler, in December 2015 he first learned that the amendments authorizing and implementing STAARS had not been competitively bid. CGI filed a motion to dismiss the amended complaint, arguing Zeigler lacked standing to bring this suit, and his statutory authority for his cause of action only allowed as remedy enjoining the contract that violated the competitive-bid law. The circuit court dismissed all but count one of Zeigler's complaint, leading to this request for mandamus relief. Because performance under the 1982 contract, including the STAARS amendments, was complete. the Alabama Supreme Court found there was no performance to enjoin, and no further remedy available to Zeigler for the alleged violation of the Competitive Bid Law. Therefore, the Court agreed with petitioners that Zeigler's claims were moot, and granted the writs. View "Ex parte Carter, in his capacity as Director of Finance for the State of Alabama." on Justia Law

Defendants Aurora Healthcare, Inc., and Aurora Cares, LLC, d/b/a Tara Cares (referred to collectively as "Aurora"), and Birmingham Nursing and Rehabilitation Center East, LLC ("Birmingham East") appealed a circuit court denial of their motion to compel arbitration of an action filed against them by Sharon Ramsey, as administratrix of the estate of her mother, Mary Pettway, deceased. Ramsey cross-appealed the decision denying her motion for a partial summary judgment concerning the validity of the subject arbitration agreement. In 2003, Mary Pettway, then 75 years old, was discharged from the hospital at the University of Alabama at Birmingham ("UAB Hospital"). On the same day, Pettway was admitted to a nursing home owned and operated by the defendants. During Pettway's admission to the nursing home, Ramsey met with Faye Linard, an administrative assistant, who presented Ramsey with an admissions agreement that included several documents, including a "Resident and Facility Arbitration Agreement." Ramsey refused to sign the arbitration agreement; signing it was not a prerequisite to Pettway's admission to the nursing home. Pettway developed an infection, and, as a result, she was returned to UAB Hospital. Pettway was readmitted to the nursing home a few days later. Ramsey stated in an affidavit that late in the evening on November 26, 2003, she received a telephone call from the admissions office at the nursing home and was asked to return to the nursing home because "there were some documents that I had not signed the first time my mother was admitted and I needed to come in to sign them." An arbitration agreement containing a signature with the name "Sharon Ramsey" dated November 26, 2003, appeared in the record. Ramsey contended the signature was not authentic, and she asserted that, even if it was genuine, the signature was obtained by misrepresentation. After her appointment as administratrix of Pettway's estate, Ramsey filed a complaint against defendants alleging a variety of statutory and common-law claims allegedly arising from Pettway's death, including a wrongful-death claim. Defendants sought to compel arbitration. The Alabama Supreme Court discerned the parties' appeal and cross-appeal were premature because they sought review of a nonfinal judgment. As such, the Supreme Court dismissed the appeals. View "Ramsey v. Aurora Healthcare, Inc., et al." on Justia Law

Charlotte Harbin appealed a circuit court judgment in favor of defendants-appellees Glenn Estess, Jr., as personal representative of the estate of Lecil V. Thomas; Richard Thomas; and Roger Thomas. Lecil and Tommie Thomas were married and had three children, one of whom predeceased them. They had two surviving sons, Richard and Roger. Lecil executed a will in 1995, and executed a codicil to that will in 2003. Tommie died in 2005. Lecil executed a second codicil to his will in 2008. According to Harbin, she and Lecil started dating after Tommie's death. She also asserted that they lived together off and on until September 2009, when, she says, they started living together as husband and wife. Lecil died in 2013. On May 30, 2013, Estess filed a petition for probate of Lecil's will, listing Harbin as Lecil's "putative common-law wife." The probate court admitted the will to probate and granted Estess letters testamentary. In 2014, Harbin filed a petition seeking an omitted spouse's share of Lecil's estate, asserting she was Lecil's common-law wife at the time of his death and that she had become Lecil's common-law wife after he had executed the will that had been admitted to probate. Estess filed an objection to Harbin's petition, and later, after the matter was removed to circuit court, Estess filed a renewed objection to Harbin's petition seeking a share as an omitted spouse. Richard and Roger Thomas intervened, seeking a judgment to declare Harbin was not Lecil's common-law wife at the time of his death, thus not making her an omitted spouse entitled to a share of Lecil's estate. The circuit found Harbin's claim time barred; she appealed. The Alabama Supreme Court determined the circuit court erred in its interpretation of the statute controlling Harbin's omitted spouse's share of the estate, reversed and remanded for further proceedings. View "Harbin v. Estess" on Justia Law

Numerous plaintiffs filed a wrongful death action under section 6-5-410, Ala. Code 1975, against Continental Motors, Inc. ("CMI"), and RAM Aircraft, LP ("RAM"), among others, on behalf of the heirs of Mark Goldstein, Marjorie Gonzalez, and Luis Angel Lopez Barillas (collectively, "the decedents"). On March 10, 2010, the decedents died in an airplane crash in Tegucigalpa, Honduras. The crash was allegedly a result of a defective starter-adapter assembly that had been manufactured by CMI and/or the failure of the airplane's engine, which had been refurbished by RAM. Mark and Marjorie were citizens and residents of Honduras; Luis was a citizen and resident of Guatemala. The administration of each of the decedents' estates was conducted in their respective countries of citizenship and residence. CMI and RAM filed motions for a summary judgment arguing that none of the plaintiffs was a personal representative of the decedents and, thus, that plaintiffs lacked the authority to pursue the wrongful-death claims. The circuit court denied CMI's and RAM's summary-judgment motions. CMI and RAM separately petitioned the Alabama Supreme Court for a writ of mandamus directing the circuit court to set aside its orders denying their summary judgment motions and to enter an order granting their summary judgment motions, thereby dismissing the plaintiffs' wrongful death action for lack of subject-matter jurisdiction. The Alabama Court granted CMI's and RAM's petitions in part and denied them in part. The Court concluded CMI and RAM failed to demonstrate the administrator-plaintiffs were without authority to pursue a wrongful-death claim on behalf of Mark's heirs. Therefore, in this regard, the Supreme Court denied CMI's and RAM's petitions for a writ of mandamus. The Supreme Court also concluded CMI and RAM demonstrated that none of the plaintiffs were personal representatives of Marjorie's or Luis's estate and, thus, lacked authority to pursue a wrongful-death claim on behalf of Marjorie's or Luis's heirs. Accordingly, the circuit court lacked subject-matter jurisdiction over the wrongful-death claims brought on behalf of Marjorie's and Luis's heirs, and CMI and RAM were entitled to have their summary-judgment motions granted in that respect and to have those claims dismissed for lack of subject-matter jurisdiction. Therefore, in this regard, the Supreme Court granted CMI's and RAM's petitions for a writ of mandamus and ordered the circuit court to grant CMI's and RAM's summary-judgment motions, and dismissed the wrongful-death claims asserted by the heirs of Marjorie and Luis. View "Ex parte Continental Motors, Inc." on Justia Law

DISA Industries, Inc. ("DISA"), appeals from a judgment entered on a jury verdict in favor of Gregory Bell awarding $500,000 in compensatory damages. Bell sued DISA, Union Foundry Company ("Union Foundry"), and Duca Manufacturing and Consulting, Inc. ("Duca"), as well as fictitiously named defendants, based on injuries he suffered as an employee of Union Foundry. Bell worked as a furnace attendant on a mid-level platform next to a trough, which had been modified. Bell's supervisors trained him to step over the trough. Workers, including supervisors, frequently stepped over the trough to perform work on the other side of the mid-level platform. Bell took a lunch break, and a relief man worked as the furnace attendant in his place. During the break, the furnace was temporarily shut down, and the relief man lit a torch to prevent iron from hardening. At some point, the furnace restarted. The relief man, however, did not extinguish the torch. When he returned from lunch, Bell put on his personal protective equipment, including safety glasses, a tinted face shield, a heat jacket, heat pants, chaps, heat gloves, ear plugs, and the steel-toed boots required by Union Foundry, and returned to the mid-level platform. After the relief man left, Bell noticed that the torch, which was on the other side of the platform, needed to be extinguished. As he stepped over the trough, he tripped and his boot dipped into the molten metal. The boot began melting onto his foot. Bell tried to take the boot off, but there was a knot in his shoelace. Bell was transported to a burn clinic where he underwent four surgeries, including amputation of his toes. One week after the accident, Union Foundry installed a guardrail around the modified trough to prevent workers from stepping over the trough. DISA appealed the denial of its summary judgment motion. The Alabama Supreme Court determined DISA did not have ultimate control over the foundry project; the scope of DISA's contract did not extend to areas beyond the molding line, which was below the mid-level platform and modified trough. In addition, there was no evidence indicating that DISA actually trained the furnace attendant on the modified trough and platform. Therefore, the Court could not conclude that a DISA employee supervising the start up of the molding line on the floor of the foundry, which was below the mid-level platform where the accident occurred, should have informed Union Foundry of the need to install guardrails around Union Foundry's modified trough. The Court therefore concluded the Bells failed to overcome their burden of producing substantial evidence creating a factual dispute requiring resolution by the jury. The Supreme Court reversed the trial court's judgment based on the jury's verdict, and rendered judgment in favor of DISA. View "DISA Industries, Inc. v. Bell" on Justia Law