Justia Injury Law Opinion Summaries

Hershel Easterling, both individually and as the personal representative of the estate of Charlotte Easterling, appealed the grant of a summary judgment in favor of Progressive Specialty Insurance Company ("Progressive") on his claims seeking uninsured/underinsured-motorist ("UIM") benefits. In December 2014, Hershel and his wife, Charlotte Easterling, were injured when their vehicle was rear-ended by a vehicle driven by Ashley McCartney. In April 2015, the Easterlings sued McCartney, alleging she behaved negligently and/or wantonly at the time of the accident. The Easterlings' complaint also named Progressive, their insurer, as a defendant and included a count seeking to recover UIM benefits from Progressive. The Alabama Supreme Court reversed and remanded for further proceedings, finding that by virtue of her bankruptcy filing, McCartney was not been relieved of legal liability for the harm she caused Hershel; instead, Hershel could prove the merits of his claim but was merely prevented by law from seeking to collect damages from McCartney for that harm even after his legal entitlement to recover those damages has been established. Any injunction against proceeding directly against the debtor, therefore, in no way extends to Hershel's own insurer. The trial court erred in entering a summary judgment in favor of Progressive on Hershel's UIM claim. View "Easterling v. Progressive Specialty Insurance Co." on Justia Law

Altapointe Health Systems, Inc., and Altapointe Healthcare Management, LLC (collectively referred to as "Altapointe"), petitioned for a writ of mandamus to direct the Mobile Circuit Court to vacate its order compelling Altapointe to respond to certain discovery requests and to enter a protective order in its favor in an action pending against it. Jim Avnet, as father and next friend of Hunter Avnet, sued Altapointe. Altapointe operated group homes for adults suffering from mental illness. Avnet asserted that Hunter, a resident at one of Altapointe's group homes, was assaulted by another resident with a blunt object, and was stabbed multiple times with a kitchen knife. Avnet asserted various claims of negligence and wantonness against Altapointe, including claims that Altapointe failed to comply with various unspecified regulations and guidelines designed to protect Hunter's safety and that Altapointe was negligent or wanton in hiring, training, and supervising its employees. Along with his complaint, Avnet served Altapointe with written discovery requests. Avnet's discovery requests sought the total amount of Altapointe's liability-insurance coverage limits; information regarding prior claims or lawsuits against Altapointe alleging personal injury or assault at the home; information concerning whether Altapointe was aware of any previous "aggressive acts" by the resident; and information and documents regarding Altapointe's own investigation of the incident. Altapointe objected to Avnet's discovery requests, contending that the information and documents requested were protected by certain discovery privileges. The Alabama Supreme Court concluded Altapointe offered sufficient evidence demonstrating that it was entitled to the quality-assurance privilege provided in 22-21-8, Ala. Code 1975 as to Avnet's request for information and documents relating to Altapointe's own investigation of the incident. Accordingly, the petition for writ of mandamus was granted as to that request. As to the remaining requests, however, Altapointe did not sufficiently establish that the discovery protections of the AMLA or the psychotherapist-patient privilege applied. Thus, as to those requests, the petition was denied. View "Ex parte Altapointe Health Systems, Inc." on Justia Law

The Alabama Supreme Court granted Bobby Saarinen and Chris Williams permission to appeal an interlocutory order of the Franklin Circuit Court denying their motion for a summary judgment in Louis Hall's personal-injury action against them. In 2014, Hall was injured while operating a power saw at his place of employment, a plant owned by Williams Manufacturing, Inc. Hall sued Williams Manufacturing, as well as his co-employees Saarinen and Williams: Williams was the owner of Williams Manufacturing and Saarinen was the plant manager. Hall brought his claims sounding in negligence. The trial court granted Williams Manufacturing's motion to dismiss. The co-employees moved for summary judgment, which was ultimately denied. The Supreme Court found no evidence of willful conduct by the co-employees and reversed: "[u]nder the facts in this case, the failure to install another, presumably safer, saw that was present on the premises but that had not been put into operation and that was manufactured by a different manufacturer than the saw that injured the plaintiff is not the equivalent of the removal of a safety guard so as to constitute willful conduct under § 25- 5-11(c)(2)." View "Saarinen v. Hall" on Justia Law

The City of Selma ("the City") filed a petition for a writ of mandamus requesting the Alabama Supreme Court direct the Dallas Circuit Court to enter a summary judgment in its favor, based on State-agent immunity, as to claims Gregory Pettaway filed against it. Pettaway financed the purchase of a 2006 Nissan Armada sport-utility vehicle. Subsequently, Santander Consumer USA, Inc. ("Santander"), took over the loan. Santander contracted with Par North America, Inc. ("Par"), to handle repossessions for it and that Par used Central Alabama Recovery Systems ("CARS") to carry out the actual repossessions. Early on November morning in 2010, two men from CARS came to Pettaway's residence and told him that they were there to repossess the vehicle. By the time Pettaway got dressed and walked outside, the men had already hooked the Armada up to the tow truck and lifted it. Pettaway objected and telephoned the Selma Police Department; Officer Jonathan Fank responded to the call. After Officer Fank told Pettaway that the repossession was a civil matter and that he could not do anything because the vehicle was already hooked up to the tow truck, Pettaway again called the Selma Police Department to ask that Officer Fank's supervisor come to the scene. Pettaway filed a complaint against Santander, Par, CARS, and the City, alleging conversion, negligence, wantonness, and trespass claims. Although he stated conversion, negligence, wantonness, and trespass claims, Pettaway admitted that his only complaint against the City was that the officers told the repossession men to take the vehicle. The City admitted that officers were called to the scene at Pettaway's request to keep the peace but denied the remaining allegations as to the actions of its officers, raising the affirmative defense of immunity. The City argued the trial court erred in denying its motion for a summary judgment: at the time of the incident that formed the basis for Pettaway's complaint, Officers Fank and Calhoun were performing discretionary functions within the line and scope of their law-enforcement duties and that, therefore, they would be entitled to State-agent immunity. The Supreme Court concluded the City established that it has a clear legal right to a summary judgment in its favor based on State-agent immunity. View "Ex parte The City of Selma." on Justia Law

Defendants Midsouth Paving, Inc., Rennie Jackson, United Services Automobile Association ("USAA"), and Schaeffler Group USA, Inc., and Gelco Corporation separately petitioned the Alabama Supreme Court for writs of mandamus directing the Hale Circuit Court to vacate its order denying the defendants' motions for a change of venue and to enter an order transferring the action filed against the defendants by plaintiffs Barbara Hodge, as the administratrix of the estate of Katie-Elizabeth Vann, and Sue Davis, as parent and next friend of Valorie Eicher, Tristan Eicher, and Cody Ballinger, to the Tuscaloosa Circuit Court. Jackson, an employee of Schaeffler and a resident of Tuscaloosa County, was driving a vehicle owned by Gelco, in the lane next to the vehicle being driven by Valorie. Jackson made an improper lane change, which forced Valorie to drive her vehicle partially off the interstate. Valorie lost control of her vehicle as she attempted to drive the vehicle back onto the interstate. Ultimately, the vehicle Valorie was driving overturned and rolled approximately two and one-half times, ejecting all the occupants from the vehicle. All the occupants in the vehicle driven by Valorie sustained injuries; Vann died at the scene of the accident as a result of the injuries she incurred. At the time of the accident, Midsouth was performing construction work in an area on Interstate 59 in Tuscaloosa County that encompassed the scene of the accident. Plaintiffs sued the defendants in the Hale Circuit Court. Subsequently, all the defendants filed motions for a change of venue, arguing that the doctrine of forum non conveniens necessitated the transfer of the case from the Hale Circuit Court to the Tuscaloosa Circuit Court. After review, the Supreme Court determined defendants demonstrated a clear legal right to writs of mandamus directing the Hale Circuit Court to vacate its order denying the defendants' motions for a change of venue and to enter an order transferring this action to the Tuscaloosa Circuit Court. View "Ex parte Midsouth Paving, Inc." on Justia Law

The Alabama Department of Corrections ("ADOC") petitions this Court for a writ of mandamus directing the Montgomery Circuit Court to enter an order dismissing, on the ground of sovereign immunity the claims asserted against it by Jean and Scott Clowers. Jean Clowers sued ADOC, Isabella Cowan, and fictitiously named parties, seeking to recover damages for injuries she alleges she sustained as a result of a collision between a vehicle she was driving and an ADOC van driven by Cowan, who, at the time of the accident, was a work-release inmate in the custody of ADOC. Clowers alleged in her complaint that ADOC was vicariously liable for Cowan's alleged negligence and/or wantonness in running a red light and thus causing the accident. Clowers's husband, Scott, joined the action, claiming damages for loss of consortium. The Alabama Supreme Court determined ADOC established a clear legal right to the relief requested. Accordingly, the Court granted the petition for the writ of mandamus and directed the circuit court to dismiss the claims against ADOC based on the doctrine of sovereign immunity. View "Ex parte Alabama Department of Corrections." on Justia Law

Adrienne Scott purchased from Jack Ingram Motors, Inc. ("Jack Ingram"), a new 2015 Nissan Juke automobile, which had been manufactured by Nissan. Scott took the vehicle to Jack Ingram after smelling fuel in the interior of the vehicle. Jack Ingram did not detect the smell; it inspected the fuel system of the vehicle, and found no leaks in the fuel system. Two days later, while Scott was driving the vehicle, it spontaneously caught fire. Scott sued Jack Ingram and Nissan, raising a number of claims stemming from the fire. Jack Ingram moved to compel arbitration of the claims filed against it based on the arbitration agreement Scott had signed in connection with the sale of the vehicle. Scott filed a response indicating that, although she was willing to arbitrate her breach-of-warranty and negligence claims against Jack Ingram, she objected to litigating part of the case, i.e., her claims against Nissan. Scott She indicated in her response that she was willing to arbitrate the case or to litigate the case, but she objected to having to do both. The trial court entered an order holding that, "in the interest of judicial economy," the entire matter should be arbitrated. Nissan filed a motion to reconsider, which the trial court denied. After review, the Alabama Supreme Court concluded the trial court exceeded its discretion by compelling Nissan to arbitrate the claims asserted against it by Scott. The trial court's order was reversed, and the case was remanded for further proceedings. View "Nissan North America, Inc. v. Scott" on Justia Law

Mazda Motor Corporation ("Mazda") appealed a judgment entered against it on two jury verdicts resulting from two product liability claims filed in Alabama. The claims stemmed from an accident involving a “Mazda 3” driven by then 16-year-old Sydney McLemore, with 15-year-old Natalie Hurst as a passenger. McLemore was driving 55 miles per hour in a 35 mile-per-hour zone when she lost control of the car; the car spun around and hit a light pole before coming to a stop, then burst into flames. McLemore suffered third-degree burns covering approximately 15 percent of her body; Hurst died from burn injuries. Hurst’s parents filed suit against Mazda and McLemore, asserting wrongful death, and pertinent here, product liability claims. Specifically, they alleged that Mazda erred by designing the 2008 Mazda 3 so that a plastic fuel tank was positioned one-half inch from a steel muffler that had sharp protruding edges so that when hit, the muffler's sharp edge cut the fuel tank, causing the fuel tank to fail and allowing gasoline vapors to escape and to ignite, which caused the post-collision fuel-fed fire. The Alabama Supreme Court concluded after review of the trial court record that the trial court did not err with respect to the admission of certain expert testimony. McLemore’s wantonness claim should not have been submitted to the jury, and the judgment must be reversed insofar as it included an award based on that claim. The record did not support an award of punitive damages in connection with McLemore’s claim against Mazda. Further, Mazda has failed to present any argument that would counsel in favor of a remittitur of the Hursts' damages award on their wrongful-death claim, and, therefore, the jury's $3.9 million award in favor of the Hursts and against Mazda. The trial court was therefore affirmed in part, reversed in part and remanded for further proceedings. View "Mazda Motor Corporation v. Hurst" on Justia Law

Margaret Hulgan tripped and fell at a Fourth of July celebration at a City of Guntersville-owned Civitan Park. She sued the City, and the City claimed immunity under Alabama recreational-use statutes. The trial court denied the City’s motion to dismiss, and the City appealed. Finding that the City demonstrated it had a clear legal right to immunity, and that Hulgan failed to present substantial evidence to overcome the City’s right to immunity, the Alabama Supreme Court granted the City mandamus relief, and ordered the trial court to enter summary judgment in favor of the City. View "Ex parte City of Guntersville." on Justia Law

SSC Selma Operating Company, LLC, doing business as Warren Manor Health and Rehabilitation Center, and SavaSeniorCare Administrative Services, LLC, appealed a circuit court order denying their motion to compel arbitration of a retaliatory-discharge claim filed against them by Jackie Fikes. Fikes sued the companies, seeking to recover worker's compensation benefits pursuant to the Alabama Workers' Compensation Act, and alleging that the companies had discharged her from her employment in violation of Ala. Code 1975, sec. 25–5–11.1, solely because she had filed a claim for worker's compensation benefits. Fikes alleged that in 2013, she suffered a work-related injury when she attempted to lift a patient while working for the companies as a certified nurse assistant; that she underwent medical treatment for her work-related injury; and that she returned to work under light-duty restrictions until Spring 2014, at which time, she says, the companies wrongfully terminated her employment. Fikes requested in the complaint that the worker's compensation claim and the retaliatory-discharge claim be severed in order for the retaliatory discharge claim to be tried by a jury. The companies moved to compel arbitration of the retaliatory discharge claim pursuant to their employment-dispute resolution program ("the EDR program") under which Fikes had agreed to be bound. Fikes responded, arguing that the retaliatory-discharge claim was not covered by the EDR program. After review, the Alabama Supreme Court concluded Fikes failed to demonstrate her retaliatory-discharge claim was not covered by the EDR program. Accordingly, the Court reversed the trial court's order denying the companies' motion to compel arbitration of that claim. View "SSC Selma Operating Company, LLC v. Fikes" on Justia Law