Justia Injury Law Opinion Summaries

The Alabama Department of Corrections ("the DOC"); Cheryl Price, former warden of Bibb Correctional Facility; Dwayne Estes, former assistant warden of the facility; and Captain John Hutton, a correctional officer at the facility, petitioned for a writ of mandamus to direct the Montgomery Circuit Court to vacate its order denying their motion for a summary judgment and to enter a new order granting the motion on the ground that they were entitled to immunity. The suit against defendants arose over the stabbing death of Tyus Elliot, who was allegedly killed by another inmate. Based on the evidence presented, the Supreme Court concluded defendants were entitled to immunity from all claims. Accordingly, defendants have shown a clear legal right to the relief sought, and the circuit court was directed to enter a summary judgment in their favor. View "Ex parte Alabama Department of Corrections et al." on Justia Law

PNC Bank, National Association, and Sonja Moore-Dennis separately appealed a Circuit Court order denying their motion to compel arbitration as to Joseph Franklin's claims against them. Franklin had three bank accounts with the predecessor bank to PNC Bank, RBC Bank (USA), before RBC Bank merged with PNC Bank. Shortly before the merger, PNC Bank, in January 2012, allegedly mailed a welcome letter and a PNC Bank Account Agreement. The account agreement did not contain an arbitration provision. Tamara Franklin, Franklin's niece came to to visit one day. Tamara noticed a document that she thought was a bank statement from PNC Bank. After looking at the document, Tamara was concerned that Franklin owed money to PNC Bank. Franklin said he did not owe PNC Bank any money but that Tamara could call his financial advisor, Sonja Moore-Dennis, if she had any concerns. Franklin alleged that Moore-Dennis was a PNC Bank agent or employee at this time; PNC Bank denies that it had ever employed Moore-Dennis. After investigating the matter, Franklin and Tamara came to the conclusion that Moore-Dennis had been stealing funds from Franklin's accounts. Additionally, it appeared to Franklin and Tamara that Moore-Dennis had created an online banking profile for Franklin but had set up the profile so that account notifications were sent to her e-mail address. Franklin, who is elderly, did not have Internet access or an e-mail address and did not know how to use online banking. Franklin sued PNC Bank and Moore-Dennis alleging fraud, suppression, breach of fiduciary duty, and various forms of negligence and wantonness. PNC Bank moved to compel arbitration, raising the terms of the account agreement as grounds for its motion. The Alabama Supreme Court affirmed the circuit court’s order, finding that the Bank and Moore-Dennis failed to prove that Franklin received the account agreement or accessed a specific web page that contained the arbitration provision as described in the account agreement. View "Moore-Dennis v. Franklin" on Justia Law

Cathy Trimble and Ida Longmire petitioned for a writ of mandamus to direct the Perry Circuit Court to enter a summary judgment in their favor on certain claims asserted against them by Crystal Lewis, individually and by and through her mother and next friend, Mary Lewis. In October 2012, Crystal was a 12th-grade student at Francis Marion High School. The school system was covered by Section 504 of the Rehabilitation Act, which generally required a school district to provide reasonable accommodations to assist any child deemed to have a "disability" as that term is defined by the Act. Crystal had a medical condition that required the Perry County public school system to provide her with certain special accommodations. Longmire was an English teacher at Francis Marion High School and also served as committee-member secretary for the school's Section 504 special-accommodations meetings. Longmire prepared an updated report of the special accommodations required by Section 504 intended to inform particular teachers of the 504 accommodations for specific students. Longmire placed a copy of the report in sealed envelopes, which were to be hand delivered to the teachers. Longmire asked Trimble, acting principal of the school, about distributing the envelopes. Trimble assigned a student office aide the task of delivering the envelopes to the teachers. Rather than delivering the envelopes as instructed, the student office aide opened one of the sealed envelopes and read about Crystal's medical condition. She shared that information about Crystal's medical condition with other students. Crystal commenced this action against Longmire, Trimble, the student office aide, the Perry County Board of Education, "Francis Marion High School," and other school administrators. In her complaint, Crystal alleged that she has faced ridicule, harassment, and bullying as a result of the dissemination of her confidential medical information. She asserted claims of negligence, wantonness, nuisance, breach of contract, and invasion of privacy against each defendant and claims of negligent hiring, training, and supervision against all the defendants except the student office aide and Longmire. Longmire and Trimble moved for a summary judgment on the ground that they were entitled to State-agent immunity as to all claims asserted against them by Crystal. The Supreme Court determined that Longmire and Trimble were entitled to State-agent immunity. The trial court was ordered to vacate its order denying the motion for a summary judgment filed by Longmire and Trimble and to enter a summary judgment in their favor. View "Ex parte Trimble & Longmire" on Justia Law

In November 2010, Rodney Williams and Elmer Fleming were employed at KW Plastics Recycling Division, LLP (KWPRD). Williams was employed as a supervisor in the shipping department, and Elmer was training to become a shipping supervisor. KWPRD shipped recycled-resin pellets in tanker-trailers hauled by semi-tractors. Williams was killed and Fleming suffered permanent traumatic brain injury when the two men were run over by the tanker-trailer. Fleming, by and through his wife and guardian, and Williams’ family, appealed the grant of summary judgment in favor of Sanders Lead Company, Inc., Roy Baggett, and Donnie Glover on the plaintiffs' claims alleging that they "affirmatively undertook [a duty] to inspect for, identify and provide remedies to correct jobsite safety hazards" on KWPRD’s premises, and that the defendants negligently and wantonly performed the undertaken duty to inspect. After review, the Supreme Court found that defendants' summary-judgment motion failed to challenge the existence of evidence establishing the element of proximate causation as to the wrongful-inspection claims and, therefore, did not support the summary judgment, which was expressly grounded on the lack of evidence establishing the element of proximate causation as to the plaintiffs' wrongful-inspection claims. The Court reversed the summary judgment in favor of the defendants on the plaintiffs' wrongful-inspection claims in these consolidated appeals and remanded for further proceedings. View "Fleming v. Sanders Lead Company, Inc." on Justia Law

In appeal no. 1140870, Southern Cleaning Service, Inc. ("SCSI"), appealed the grant of summary judgment in favor of Essex Insurance Company and Genesee General Agency, Inc. on SCSI's claims stemming from Essex's refusal to provide SCSI coverage under a commercial general-liability policy ("the Essex policy") based on the alleged failure to timely notify Essex of the facts leading to the claim for coverage. In appeal no. 1140918, the insurance defendants cross-appeal the trial court's denial of their requests for costs. In August 2006, Winn-Dixie Montgomery, LLC ("Winn-Dixie"), entered into a contract with SCSI that obligated SCSI to provide floor-care and general janitorial services to multiple Winn-Dixie grocery stores in central Alabama. In 2011, a store customer allegedly slipped and fell on a wet floor, and sued. Winn-Dixie sought indemnification from SCSI. SCSI sought indemnification from Phase II, one of its cleaning subcontractors. Phase II, SCSI, and Winn-Dixie again asked Essex to provide them with a defense and indemnity under the terms of the Essex policy; however, their requests were denied. With regard to appeal no. 1140870, the Supreme Court concluded that the summary judgment entered in favor of the insurance defendants should have been reversed because there was a genuine issue of material fact as to who among the insurance defendants acted under the doctrine of apparent authority to settle the Winn Dixie customer's slip and fall claim. The Court pretermitted all discussion of the other grounds for reversal SCSI offered. Because the insurance defendants would have been entitled to the costs they seek in appeal no. 1140918 only if there was a final judgment in their favor, that appeal was dismissed as moot. View "Essex Insurance Co. v. Southern Cleaning Service, Inc." on Justia Law

Plaintiffs James Jordan, Sara Jordan Muschamp, and William Jordan (as representative of the estate of Emma K. Jordan, deceased) sued the Thomas Jefferson Foundation, Inc. ("TJF") for: (1) misrepresentation; (2) "slander, libel, and trade infringement"; (3) fraud; (4) wantonness; (5) suppression; (6) negligence; (7) breach of contract; and (8) tortious interference with business relations. TJF was a nonprofit organization that owned and curated a museum in Monticello, the historic home of Thomas Jefferson. In 1957, Juliet Cantrell lent TJF a "filing press" for display at Monticello. Cantrell passed away in 1976 and bequeathed the filing press, which was then on loan to TJF, and the dressing table to Emma. In 1977, Emma lent TJF the dressing table for use in the museum. Certain "loan agreements" were executed with TJF when the furniture was lent to TJF, and there were subsequent loan agreements executed by Emma, James, and Sara. The loan agreements were silent as to whether TJF had the authority to perform any "conservation" work on the furniture without first obtaining permission from plaintiffs. In November 2007, plaintiffs removed the furniture from Monticello and shipped it to Sotheby's in New York with the intent to sell it. Sotheby's "research consultants" questioned the authenticity of the dressing table, and determined that the filing press was not in sufficiently original condition to be offered for bid. Sotheby's declined to place either piece of furniture for sale at auction; according to plaintiffs, Sotheby's found that the value of the dressing table had been "destroyed" and that the filing press then had a market value of $20,000 to $30,000, whereas "its fair market value would be around $4 million" had TFJ not performed conversation work on it. Only the claims (6), (7), and (8) above were presented to the jury; the remaining claims were disposed of before the case went to the jury. The jury returned a verdict in favor of TJF on all three counts, and the trial court entered a judgment on the jury's verdict. Plaintiffs filed a motion for a new trial, arguing, in pertinent part, that TJF did not disclose that it had insurance and that, therefore, "the venire was not properly qualified as to insurance." The trial court granted plaintiffs' motion. TJF appealed, arguing, among other things, that the trial court erred in granting plaintiffs' motion for a new trial. After review, the Alabama Supreme Court reversed the trial court's judgment insofar as it granted the plaintiffs' motion for a new trial, and affirmed the trial court's judgment insofar as it granted TJF's motion for a JML on the plaintiffs' suppression claim. View "Thomas Jefferson Foundation, Inc. v. Jordan" on Justia Law

This case concerned the application of the relation-back doctrine to wrongful-death claims. The trial court allowed James O. Kidd, Sr., the personal representative of the estate of Madeline Kidd, to use relation back to sustain his claims against various health-care providers. Some of those providers, defendants Mobile Infirmary Association d/b/a Mobile Infirmary Medical Center, Dr. Roger Alvarado, Dr. Barbara Mitchell, and IMC-Diagnostic and Medical Clinic, P.C., sought review of the trial court's order by filing separate petitions for permissive appeals. After review, the Supreme Court concluded the trial court erred in permitting the relation-back doctrine, reversed and remanded for further proceedings. View "Mobile Infirmary Association v. Estate of Madeline Kidd" on Justia Law

Regions Bank appealed a final judgment dismissing its action against BP P.L.C., BP Corporation North America, Inc., and BP America Inc. (collectively, "BP"). In 2010, an explosion and fire occurred aboard the Deepwater Horizon, an offshore-drilling rig, located off the coast of Louisiana. The incident led to a massive discharge of oil into the Gulf of Mexico, which, in turn, spawned an expansive clean-up and response operation by BP and various governmental agencies. Regions owned coastal real property located in Baldwin County, Alabama. Regions filed this trespass action against BP in Alabama Circuit Court, alleging BP occupied Regions' property, without authorization, for its spill-response operation; that BP moved equipment and structures onto the property without permission; and that BP erected fences and barriers on the property, again, without permission. Regions further alleged that BP stored hazardous materials and waste on the property and that those hazardous materials and waste damaged the property. BP filed a Rule 12(c), Ala. R. Civ. P., "motion to dismiss" Regions' trespass action on the ground that it was subject to the class-action settlement approved in the multidistrict litigation (MDL) and, therefore, that dismissal was warranted on the basis of the doctrine of res judicata. After review, the Alabama Supreme Court found "clear and unequivocal" exceptions to the MDL economic-and-property-damage-settlement class, and concluded that Regions was not a member of the settlement class. Therefore, its trespass claim was not adjudicated as part of the MDL class-action settlement. Accordingly, the Court reversed the circuit court for dismissing Regions' action on the ground of res judicata. View "Regions Bank v. BP P.L.C. et al." on Justia Law

State Farm Mutual Automobile Insurance Company petitioned the Alabama Supreme Court for certiorari review of the Court of Civil Appeals' decision affirming the trial court's judgment ordering State Farm to pay an attorney fee based on a common-fund theory for the recovery of the moneys advanced by State Farm to James Ross Pritchard, Jr., pursuant to "Lambert v. State Farm Mutual Automobile Insurance Co.," (576 So. 2d 160 (Ala. 1991)). Pritchard sued Broderick McCants, State Farm (Pritchard's uninsured/underinsured-motorist ("UIM") insurer), and others seeking damages for injuries Pritchard suffered in an automobile accident with a vehicle being operated by McCants. Applying the Court's determination that a UIM insurer does not have a subrogation interest in a "Lambert" advance to the facts of this case, the Court held that State Farm did not have a subrogation interest in the $50,000 it advanced to Pritchard pursuant to "Lambert" and, consequently, that Pritchard's recovery from the tortfeasor of the "Lambert" advance did not create a common fund from which State Farm was required to pay its share of Pritchard's attorney fee. View "Ex parte State Farm Mutual Automobile Insurance Company." on Justia Law

In 2004, Michael Britt purchased a Beneteau brand sailboat. Michael had insured the sailboat with St. Paul pursuant to a Seahorse Underwriters Boat Insurance Policy that provided coverage limits of $85,000 for "accidental direct physical loss of or damage to [the sailboat] ... except as specifically stated or excluded in this policy." From 2004 onward, the sailboat served as Michael's residence in Florida; Michael had no other established residence. In early September 2011, Michael telephoned Willis Britt, "Britt," his father, and told Britt that he had accepted a job driving a commercial truck and that he had to attend orientation for the new job in Oklahoma City, Oklahoma. Michael informed Britt that he planned to sail the sailboat from West Palm Beach, Florida, to Jacksonville, Florida, store the boat in Jacksonville, and rent a car in Jacksonville to drive to Oklahoma City for the orientation. On or around September 11, 2011, Michael set sail for Jacksonville. On September 15, 2011, the United States Coast Guard boarded the sailboat approximately one mile off the coast of Cape Canaveral, Florida, for a "cold hit" inspection. That inspection revealed that the sailboat was seaworthy. There was no evidence of any severe weather in the Cape Canaveral area on September 15, 2011, on which date, Michael was supposed to check in with his father upon arrival in Jacksonville, but never did. In October 2011, Britt contacted St. Paul to report the sailboat as lost. In 2012, Britt was appointed conservator of Michael's estate by the Chilton Probate Court. Shortly thereafter, Britt filed a claim with St. Paul for the lost sailboat. St. Paul sent Britt a letter in which it declined coverage for the sailboat. The Supreme Court found that the "mysterious-disappearance" exclusion in Michael's insurance policy was not ambiguous, nor did it conflict with the 30-day provision; rather, the policy, when read as a whole, could accommodate both provisions (one providing coverage and one excluding coverage). Because the Court held that the mysterious-disappearance exclusion was unambiguous and does not conflict with the 30-day provision, and because there was no genuine issue of material fact concerning the disappearance of the sailboat, the trial court should have entered a summary judgment in St. Paul's favor. View "St. Paul Fire & Marine Insurance Company v. Britt" on Justia Law