Articles Posted in Supreme Court of Alabama

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Mercedes-Benz U.S. International, Inc. ("MBUSI"), petitioned the Alabama Supreme Court for mandamus relief, ordering the circuit court to vacate an order denying change of venue from Jefferson County to Tuscaloosa. Gregory Nix was a resident of Jefferson County; he was employed as an assembly worker at MBUSI's manufacturing facility in Tuscaloosa County until June 23, 2017. Nix alleges that, during his employment with MBUSI, he suffered on-the-job injuries the cumulative effect of which have left him permanently and totally disabled. The Supreme Court determined there was not sufficient evidence before the trial court to support a conclusion that venue in Jefferson County was proper in this case. "The regular purchasing of parts or materials from a supplier located in a certain county, by itself, does not constitute '[doing] business by agent' in that county under section 6-3-7(a)(3), Ala. Code 1975." The Court therefore issued the writ granting mandamus relief. View "Ex parte Mercedes-Benz U.S. International, Inc." on Justia Law

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Ace American Insurance Company ("Ace"), an intervenor in the action below, appeals from the Baldwin Circuit Court's dismissal of the action filed by Ace's insured, Willie James Westbrook, against Rouse's Enterprises, LLC, d/b/a Rouses Markets ("Rouses Markets"). In August 2016, Westbrook sued Rouses Markets seeking to recover damages for injuries he sustained as the result of the allegedly negligent operation of a pallet jack by a Rouses Markets' employee while Westbrook was delivering goods to the Rouses Markets' location in Spanish Fort during the course of his employment with Cardinal Logistics Management Corporation ("Cardinal"). The Alabama Supreme Court has stated previously that, "'since dismissal with prejudice is a drastic sanction, it is to be applied only in extreme situations' and that, as a result, 'appellate courts will carefully scrutinize such orders and occasionally will find it necessary to set them aside.'" The Court could not say that the circumstances presented by this case presented an extreme situation in which dismissal of Ace's claim for want of prosecution was warranted. Accordingly, it reversed the judgment of the trial court dismissing Ace's claim and remanded the case for further proceedings. View "Ace American Insurance Company v. Rouse's Enterprises, LLC, d/b/a Rouses Markets" on Justia Law

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Mobile Infirmary Association d/b/a Mobile Infirmary Medical Center ("Mobile Infirmary") filed a petition for a writ of mandamus asking the Alabama Supreme Court to direct the Mobile Circuit Court to vacate paragraph 11 of its February 6, 2018, protective order. Lula Battle, as personal representative of the estate of Willie Trainor-Battle, filed a wrongful-death complaint against Mobile Infirmary, Dr. Rabin Shrestha, Jr., and various fictitiously named defendants. In the complaint, Battle alleged that Trainor-Battle was admitted to Mobile Infirmary Medical Center ("the hospital") for the treatment of a sickle-cell crisis with severe pain; hospital personnel attempted to manage the pain by using IV administration of Demerol, methadone, and Phenergan; Trainor-Battle was found unresponsive and not breathing; efforts to resuscitate Trainor-Battle were unsuccessful; and that Trainor-Battle was pronounced dead. Battle filed a proposed protective order that included the language ("Paragraph 11") to which Mobile Infirmary had previously stated its opposition. Mobile Infirmary moved to reconsider or delete the paragraph entirely; the trial court denied the motion. Mobile Infirmary argued that paragraph 11 of the protective order "provides an extra-procedural method for introducing documents produced in the instant case into other cases, contrary to the Alabama Rules of Civil Procedure and Alabama Code 6-5-551, Ala. Code 1975." Pursuant to paragraph 11 of the protective order, Battle's counsel will be allowed to share any confidential information counsel obtains in this case with medical- malpractice plaintiffs in other cases against Mobile Infirmary, so long as those other plaintiffs are represented by Battle's counsel's law firm, regardless of whether such evidence is related to any acts or omissions alleged by those plaintiffs. The Supreme Court determined Mobile Infirmary established a clear legal right to the relief sought. Accordingly, it granted the petition for a writ of mandamus and directed the trial court to vacate paragraph 11 of its February 6, 2018 protective order. View "Ex parte Mobile Infirmary Association d/b/a Mobile Infirmary Medical Center." on Justia Law

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In 2017, a vehicle driven by Lisa Huffstutler collided with a tractor-trailer driven by Charles Craig, an employee of Tyson Chicken, Inc. Emergency responders, including state troopers and medical personnel, investigated the accident, treated Huffstutler for her injuries at the scene, and then transported her to the hospital for further medical treatment. The accident occurred in Cullman County, Alabama; Huffstutler sued Tyson, Craig and multiple fictitiously named defendants in the Marshall Circuit Court alleging multiple causes of action sounding in tort. Tyson and Craig jointly moved for a change of venue to the Cullman Circuit Court under Alabama's forum non conveniens statute. After the trial court denied that motion, Tyson and Craig filed this mandamus petition. After review, the Alabama Supreme Court concluded Tyson and Craig demonstrated a clear legal right to have the underlying action transferred to Cullman County. Therefore, it granted the petition and issued a writ of mandamus directing the Marshall Circuit Court to vacate its order denying the motion for a change of venue and to enter an order transferring this action to the Cullman Circuit Court. View "Ex parte Tyson Chicken, Inc., and Charles Gregory Craig." on Justia Law

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Sue Shadrick, as personal representative of the estate of William Harold Shadrick ("William"), appealed the grant of summary judgment in favor of Wilfredo Grana, M.D. In 2010, William presented to the emergency room reporting that he had been experiencing shortness of breath and chest pain. An emergency-room physician, Dr. Gary Moore, concluded that William had suffered a heart attack. Dr. Moore placed separate telephone calls to Osita Onyekwere, M.D., who was the cardiologist on call at the time, and to Dr. Grana, who is a board-certified internist and a hospitalist for the hospital. Dr. Moore discussed William's condition with Dr. Onyekwere and Dr. Grana. Thereafter, Dr. Grana admitted William to the hospital. Dr. Grana testified that, based on the echocardiogram, he believed that William was in cardiogenic shock, which means that his heart was unable to pump enough blood to meet his body's needs. Dr. Grana testified that he believed an emergency heart catheterization was necessary, which would have revealed the reason for the cardiogenic shock, such as a blocked blood vessel. As an internist, however, Dr. Grana could not perform that invasive procedure. After his telephone conversation with Dr. Grana, Dr. Onyekwere went home for the night without personally seeing William. The next morning, Dr. Grana learned that William's condition had worsened and that Dr. Onyekwere had not yet seen William. Dr. Onyekwere's nurse extender told Dr. Grana that William was being transferred to the hospital's intensive-care unit and that Dr. Onyekwere was en route to the hospital. William suffered cardiac arrest, later dying from insufficient oxygen to his brain. A heart catheterization performed after William had suffered cardiac arrest indicated that he had heart blockages that might have been bypassed through surgery had they been discovered earlier. Shadrick sued Dr. Onyekwere and Dr. Grana. She settled her claims against Dr. Onyekwere, and Dr. Grana filed a motion for a summary judgment. The Alabama Supreme Court determined Shadrick was required to support her claims against Dr. Grana with the expert testimony of a similarly situated health-care provider. The trial court did not err in determining that her expert did not qualify as such. Accordingly, the trial court did not err in entering a summary judgment in favor of Dr. Grana. View "Shadrick v. Grana" on Justia Law

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Eduard Kennedy sued Tomlin Construction, LLC, and its employee, Stuart McQuaid Campbell, Jr., seeking damages for personal injuries Kennedy suffered when the Plymouth Grand Voyager passenger van he was driving collided with a 2007 Caterpillar motor grader belonging to Tomlin Construction and being operated by Campbell; the accident occurred in a construction zone. The jury returned a verdict in favor of Kennedy, awarding him compensatory damages in the amount of $3,000,000. Campbell and Tomlin Construction filed a postjudgment motion for a judgment as a matter of law ("JML"), a new trial, or a remittitur of damages; the trial court denied that motion. Campbell and Tomlin Construction appealed. The Alabama Supreme Court found the trial court entered a very detailed order finding no flaw in the jury’s verdict; the Court concluded Campbell and Tomlin Construction presented nothing to undermine that order, and that the record supported denial of their motion for JML, new trial or remittitur. Accordingly, the Court affirmed the trial court’s order and the jury’s verdict. View "Campbell v. Kennedy" on Justia Law

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Linda Unger, as personal representative of the estate of Marshall Unger ("Unger") deceased, appealed the grant of summary judgment in favor of Wal-Mart Stores East, L.P., and its employees, Naomi Phillips (the store greeter) and Billy Odom (the store manager, collectively referred to as "the Wal-Mart defendants" or “defendants”). On May 20, 2014, Unger, who was 77 years old, and his wife, Linda, visited a Wal-Mart discount store in Mobile. In an attempt to dislodge a stuck shopping cart from the front of the store, Unger lost his balance and fell to the floor, allegedly suffering two fractured vertebrae in his thoracic spine. Several Wal-Mart employees went to Unger's assistance and offered to call an ambulance, but Unger told the employees that he did not require an ambulance. In January 2015, Unger sued Wal-Mart Stores East, L.P., Billy Odom, and fictitiously named defendants alleging that, on the day he was injured, Phillips, the store greeter, had been negligent and/or wanton in failing to "stage a clean [shopping] cart for easy access in violation of Wal-Mart's policies"; that "the Wal-Mart employee collecting carts from outside the store overloaded the machine used for collecting carts creating an unsafe condition that consumers would have no knowledge of"; and that Wal-Mart had been negligent and/or wanton in failing to train and/or supervise its employees. Unger died in April 2016, while his action was pending. The Alabama Supreme Court concluded plaintiff failed to establish by substantial evidence that Wal-Mart had a legal duty to provide Unger, a business invitee, with a staged shopping cart when he entered the store on May 20, 2014. Accordingly, the summary judgment in favor of the Wal-Mart defendants was affirmed. View "Unger v. Wal-Mart Stores East, L.P." on Justia Law

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Teresa Gilland petitioned for a writ of mandamus to direct the trial court to grant her motion to dismiss claims filed against her by Diane McCain on the basis of state-agent immunity. McCain, a resident of Jasper, Alabama, was attacked and bitten by a German Shepherd owned by her neighbor, Robert Barton. McCain sued Barton; the City of Jasper ("the City"); Sonny Posey, then mayor of the City; Joe Matthews, director of the City's Public Works Department; Russell Smallwood, superintendent of the City's Street Department; and Gilland, an animal-control officer employed by the City. McCain raised negligence and wantonness claims against Gilland for Gilland's alleged breach of "a duty to ... enforce animal control policies designed to protect the public from dogs running at large." The Alabama Supreme Court determined Gilland demonstrated that she had a clear legal right to the dismissal of McCain's claims against her based on State-agent immunity. The Court therefore granted the petition and issued the writ directing the trial court to dismiss Gilland from the case. View "Ex parte Teresa Gilland." on Justia Law

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The Town of Dauphin Island ("the Town") petitioned the Alabama Supreme Court for mandamus relief from a circuit court order denying its motion for summary judgment on recreational-use grounds, and asked for entry of summary judgment in its favor on claims brought by Bobbi Rogers individually, and as next friend to her minor daughter Rebecca Hatem. Rebecca sat on a tree swing located in a Town park when she was injured by the limb on which the swing was hanging. She suffered a compound fracture to her leg. Finding that constructive knowledge of the swing's potential danger was not sufficient under the recreational use statutes to hold the Town liable for Rebecca's injury. Therefore, the Supreme Court determined the Town established a clear legal right to the relief sought, and granted the writ. The circuit court was directed to grant summary judgment in favor of the Town. View "Ex parte Town of Dauphin Island." on Justia Law

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Terri Bargsley filed a negligence and wantonness action against the Birmingham Airport Authority ("the BAA") seeking to recover damages for injuries Bargsley allegedly incurred in a fall at Birmingham-Shuttlesworth International Airport ("the airport"), which the BAA managed and operated. The BAA filed a motion to dismiss Bargsley's tort action, claiming that it was entitled to immunity under various sections of the Alabama Code 1975. The circuit court granted the BAA's motion to dismiss in part and denied it in part. The circuit court determined that the BAA was entitled to immunity from Bargsley's negligence claim but that it was not entitled to immunity from Bargsley's wantonness claim. The BAA then petitioned the Alabama Supreme Court for a writ of mandamus directing the circuit court to vacate the portion of its order denying the BAA's motion to dismiss as to Bargsley's wantonness claim and to enter an order dismissing Bargsley's wantonness claim. Finding that the BAA demonstrated it had a clear legal right to a dismissal of Bargsley's tort action, including the wantonness claim, the Supreme Court granted the petition and issued the writ. The circuit court was ordered to grant the BAA's motion to dismiss in its entirety. View "Ex parte Birmingham Airport Authority." on Justia Law