Alabama Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Alabama or Court of Appeals of Alabama where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Medical v. Keao - 11/7/2003
Mercy Medical ("the company") appeals from the trial court's award of workers' compensation benefits to Brenda Keao ("the worker"). We reverse and remand.
It is undisputed that the worker, a registered nurse, informed her...
Dickinson v. Land Developers Construction Company - 11/7/2003
Douglas and Barbara Dickinson appeal from a summary judgment entered against them by the Shelby Circuit Court in their actions against Land Developers Construction Company, Inc., and Cook's Pest Control, Inc. We reverse in part, affirm...
Williams Power - 11/7/2003
Williams Power, Inc. ("Williams Power"), appeals from a judgment entered against it by the Mobile Circuit Court in which the court awarded Anthony Wayne Johnson workers' compensation benefits for an on-the-job injury to his back and...
Hinds v. Hinds - 11/7/2003
Jane Meredith Andrews Hinds ("the wife") appeals from a judgment terminating the obligation of Thomas Martin Hinds ("the husband") to pay her periodic alimony.
After a 21-year marriage, the parties were divorced in 1980. The...
Steelcase - 10/31/2003
Johnny W. Richardson sued his employer, Steelcase, Inc., on July 8, 1994, seeking to recover workers' compensation benefits for injuries he sustained to his back on November 15, 1991, and August 20, 1992, in the line and scope of his...
[W] Fort James Operating Co. v. Kirklewski - 10/31/2003
This appeal arises from a workers' compensation action in the Choctaw Circuit Court initiated in October 1997 by Linda Kirklewski ("the employee") against Fort James Pennington, Inc., now known as Fort James Operating Company ("the...
Mobile Infirmary Mudical Center v. Hodgen - 10/31/2003
Mobile Infirmary Medical Center appeals from the trial court's judgment, entered on a jury verdict, in favor of James Hodgen. We affirm conditionally.
Facts and Procedural History
In February 2000, 58-year-old James Hodgen...
Bradley v. Miller - 9/26/2003
The plaintiffs in this medical malpractice lawsuit, Chrissy Tagert Bradley ("Chrissy") and Michael Bradley ("Michael"), appeal a summary judgment for the defendant Rebecca Miller, M.D. ("Dr. Miller"). The dispositive issue is whether...
Akins Funeral Home - 9/26/2003
These cases, which were consolidated for trial, arise out of an automobile accident in which three young people were killed. Andrea Megan Miller and Teresa Miller, surviving relatives of one of the accident victims, sued the two...
Cain v. Howorth - 9/19/2003
Onzell V. Cain sued Dr. Graham L. Howorth, a board-certified orthopedic surgeon, and his professional corporation, Graham L. Howorth, M.D., P.C., on various claims of medical malpractice arising from a hip-replacement operation Dr....
Zaden v. Elkus - 9/12/2003
On June 21, 1999, Helen Zaden sued Dr. Richard Elkus, an orthopedic surgeon, asserting claims of medical malpractice based on an injury she allegedly suffered during the course of a surgical procedure performed by Dr. Elkus. As finally...
Osorio v. K & D Erectors - 9/12/2003
On Application for Rehearing
APPLICATION OVERRULED.
Pittman, J., concurs.
Crawley, Thompson, and Murdock, JJ., concur specially.
Yates, P.J., dissents.
CRAWLEY, Judge, concurring specially.
Like...
Spain v. Brown & Williamson Tobacco Corp. - 6/30/2003
Carolyn Watts Spain ("Carolyn") was a cigarette smoker during most of her lifetime. After her death, her husband, Paul L. Spain ("Spain"), as administrator for Carolyn's estate, filed a wrongful-death action in the Jefferson Circuit...
Tillman v. R.J. Reynolds Tobacco Co. - 6/30/2003
The United States Court of Appeals for the Eleventh Circuit has certified the following question to this Court pursuant to Rule 18, Ala. R. App. P.:
"Whether there is any potential cause of action under any theory against any...
Ex parte Weaver - 6/27/2003
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS
The petitioners now before us, Robert Weaver and Frances Weaver, sued Robert's former employer Kimberly-Clark Corporation and other defendants for negligently or...
CertainTeed Corp. v. Russell - 6/27/2003
On September 11, 1998, Carolyn Russell and her husband brought an action alleging breach-of-contract claims, various breach of-implied-warranty claims, negligence claims and a claim under the Alabama Extended Manufacturer's Liability...
Springhill Hospitals - 6/27/2003
AFFIRMED. NO OPINION.
See Rule 53(a)(1), (a)(2)(B), and (a)(2)(F), Ala. R. App. P.
Moore, C.J., and Houston, Lyons, Johnstone, Harwood, and Woodall, JJ., concur.
See, Brown, and Stuart, JJ., dissent.
SEE,...
Zimlich v. State - 6/27/2003
The appellant, Wayne Zimlich, pleaded guilty and was convicted of perjury in the second degree, a violation of § 13A-10-102, Ala. Code 1975. He was sentenced to one year's imprisonment; that sentence was split and he was ordered to...
Patterson v. Liz Claiborne - 6/27/2003
Rhonda L. Patterson sued her employer, Liz Claiborne, Inc., seeking workers' compensation benefits for an on-the-job injury she contended she sustained on April 7, 2000. Liz Claiborne answered and denied liability. The trial court...
Ex parte Southern Energy Homes - 6/27/2003
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS
Southern Energy Homes, Inc., petitions this Court for a writ of certiorari to challenge the Court of Civil Appeals' affirmance of the trial court's finding that Emma...
International Paper Co. - 6/27/2003
International Paper Company ("International Paper") appeals from a judgment entered by the Dallas Circuit Court on December 11, 2001, that awarded Raymond Melton ("Melton") workers' compensation benefits based upon neck and back...
Ex parte Progress Rail Services Corp. - 6/20/2003
PETITION FOR WRIT OF MANDAMUS
By its petition for a writ of mandamus filed on September 25, 2002, Progress Rail Services Corporation ("Progress Rail") seeks an order directing the Marshall Circuit Court to dismiss the plaintiffs'...
Nationwide Insurance Co. v. Nicholas - 6/20/2003
On September 20, 2001, Lynette Nicholas, individually and as the natural mother of Kurk L. Nicholas, Jr., her deceased son, sued Nationwide Insurance Company, seeking underinsured-motorist benefits. Nicholas also alleged negligence and...
Ex parte Phenix Rental Center - 6/20/2003
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS
On November 12, 1997, Phenix Rental Center ("Phenix") filed a complaint in the Russell County Circuit Court for a judgment declaring whether Phenix's employee, Angel...
Morgan v. Exxon Corp. - 6/13/2003
Blanche Taylor Morgan and her two adult children, Kenneth Morgan and Ellen Morgan Caudle (hereinafter referred to collectively as "the Morgans"), appeal from summary judgments in favor of Exxon Corporation ("Exxon"), Mobil Oil...
Ex parte Walter Industries - 6/6/2003
PETITION FOR WRIT OF MANDAMUS
These three mandamus petitions have been consolidated for purposes of writing one opinion. We grant the petitions and issue the writs.
Facts and Procedural History
On September 23, 2001,...
Ronderos v. Rowell - 6/6/2003
Dr. Juan Ronderos and Coastal Neurological Institute, P.A., appeal by permission from the trial court's denial of their motion for a summary judgment in a medical-malpractice action filed by Myrtle Rowell, as administratrix of the...
Rampey v. Novartis Consumer Health - 5/30/2003
On September 17, 1997, Tommy Rampey sued Novartis Consumer Health, Inc. ("Novartis"), manufacturer of "Ex-Lax," an over-the-counter laxative. As amended, Rampey's complaint, seeking injunctive relief and damages for economic loss, but...
Wilkerson v. Johnson - 5/30/2003
This case arises out of an automobile accident that occurred at an intersection in the City of Mobile. The trial judge entered a summary judgment for the defendant, and the sole question presented on this appeal is whether the...
Mack Trucks - 5/30/2003
Mack Trucks, Inc. ("Mack"), appeals from a judgment entered on a jury verdict in favor of Mary Witherspoon, administratrix of the estate of Tonnie Ray Witherspoon, on her claim against Mack alleging liability under the Alabama Extended...
Tipler v. Alabama State Bar - 3/28/2003
On August 15, 2000, the general counsel of the Alabama State Bar ("the Bar") filed formal charges against attorney James Harvey Tipler. The Bar's complaint presented five charges, alleging violations of the following Alabama Rules of...
Ex parte Athens-Limestone Hospital - 3/14/2003
PETITION FOR WRIT OF MANDAMUS
Stacia Lynn P. Wilson sued Athens-Limestone Hospital ("the Hospital") and Dr. Bibi Teng, a pediatrician who was employed by the Hospital, in 1996 alleging medical malpractice, wrongful death, and...
Ex Parte Monsanto Company - 3/9/2003
PETITION FOR WRIT OF MANDAMUS
This petition for the writ of mandamus is the third mandamus petition to arise out of a toxic-tort case pending against Monsanto Company, Pharmacia Corporation, and Solutia, Inc. (hereinafter...
Morguson v. 3M Company - 3/7/2003
Sara Morguson ("Morguson"), as executrix of the estate of Douglas W. Morguson, deceased, filed a wrongful-death action against Druid City Hospital ("DCH"), Phillip Smith ("Smith"), 3M Company f/k/a Minnesota Mining & Manufacturing...
Lemons v. State of Alabama Department of Finance - 3/7/2003
Robin Lemons appeals and the State of Alabama Department of Finance cross-appeals from the trial court's modification of a determination of Lemons's permanent-partial-disability rating by the Department of Finance, through the State...
Ex parte Monsanto Co. - 2/26/2003
PETITION FOR WRIT OF MANDAMUS
This petition for the writ of mandamus is the third mandamus petition to arise out of a toxic-tort case pending against Monsanto Company, Pharmacia Corporation, and Solutia, Inc. (hereinafter...
Smith v. Yanmar Diesel Engine Company - 2/21/2003
Linda H. Smith appeals from a summary judgment in favor of Yanmar Diesel Engine Company, Ltd. ("Yanmar"), a Japanese corporation, in her wrongful-death action against Yanmar based on the death of her husband, Lee O'Dell Smith. We...
Nelson v. Estate of Frederick - 2/21/2003
The appellant Troy Nelson appeals the circuit court's summary judgment entered in favor of the estate of Burton J. Frederick and the court's failure to appoint an administrator ad litem for Frederick's estate. The court entered a...
State v. Shade - 2/21/2003
The State Employees Injury Compensation Trust Fund (hereinafter referred to as "the Trust Fund") appeals from the Montgomery County Circuit Court's modification of its determination of the vocational- disability rating of Shirley Shade...
Ex parte General Nutrition Corp. - 2/7/2003
PETITIONS FOR WRIT OF MANDAMUS
The petitioners in this case, General Nutrition Corporation ("GNC"), Phoenix Laboratories, Inc. ("Phoenix"), and Cytodyne Technologies, Inc. ("Cytodyne"), are defendants in a wrongful-death action...
[W] Ex parte Owen - 2/7/2003
OPINION WITHDRAWN and new opinion filed April 11, 2003.
EX PARTE JOHN OWEN, M.D., AND NORWOOD CLINIC, INC.
(In re: William Brian Collins v. Norwood Clinic, Inc., et al.) (Jefferson Circuit Court, CV-00-3037)
The...
Ex parte Amerigas - 1/31/2003
PETITION FOR WRIT OF MANDAMUS
This petition for a writ of mandamus arises out of facts in a case in which an appeal is pending before this court. The facts are set forth in our opinion in that appeal:
"Albert O'Neal filed...
Homes of Legend - 1/31/2003
Albert O'Neal filed an action seeking workers' compensation benefits from his former employer, Homes of Legend, Inc., for injuries he allegedly sustained to his back in on-the-job accidents on May 13, 1999, and November 13, 1999....
Ex parte Fontaine Trailer Co. - 1/31/2003
PETITIONS FOR WRIT OF MANDAMUS
The petitioners, Fontaine Trailer Company ("Fontaine") and International Truck and Engine Corporation ("International"), defendants in an action pending in the Wilcox Circuit Court, seek a writ of...
Bender Shipbuilding & Repair Co. - 12/30/2002
In December 1996, Faron Walley injured his back in the course of his employment as a shipfitter for Bender Shipbuilding & Repair Co., Inc. ("Bender"). Walley filed a complaint against Bender, alleging, among other things, that...
Guaranty Pest Control - 12/30/2002
On Return from Remand
On June 28, 2002, this court directed the trial court to enter an order in compliance with Hammond v. City of Gadsden, 493 So. 2d 1374 (Ala. 1986), and to file a return with this court. The trial court has...
Ex parte Wilson - 12/20/2002
PETITION FOR WRIT OF MANDAMUS
The plaintiff, Curtis Wilson, acting as administrator of the estate of his deceased wife, Julia Wilson, petitions this Court for a writ of mandamus ordering the trial court to vacate its order...
General Motors Corp. v. Kilgore - 12/20/2002
General Motors Corporation ("GMC") appeals from the Colbert Circuit Court's denial of its motion for a summary judgment in this wrongful-death action. This Court granted GMC's petition for a permissive appeal pursuant to Rule 5, Ala....
Southern Bakeries - 12/13/2002
In February 1995, Sassib, an Italian manufacturer of ovens, hired Lotus Southwest to install a new oven at the facility of Tatum Bakers, Inc., in Birmingham. Ray Knipp was an employee of Lotus Southwest and was assigned the job of...
Ex parte Wood - 12/6/2002
PETITION FOR WRIT OF MANDAMUS
E.L., a minor child, by and through his next friend, Sharon Love, on behalf of himself and all others similarly situated, sued J. Walter Wood, Jr., executive director of the Department of Youth...
Ex parte HealthSouth Corp. - 11/27/2002
The defendant, HealthSouth Corporation d/b/a HealthSouth Lakeshore Rehabilitation Hospital("HealthSouth"), petitioned this Court for a writ of certiorari to review whether the Court of Civil Appeals erred in reversing the summary...
Tuck v. Healthcare Authority of the City of Huntsville - 11/27/2002
Charles Tuck, as personal representative of the estate of Virginia Aleene Tuck, appeals from a judgment as a matter of law for Healthcare Authority of the City of Huntsville d/b/a Huntsville Hospital("the Hospital"). We affirm. ...
Liberty Mutual Insurance Co. v. Wheelwright Trucking Co. - 11/27/2002
Liberty Mutual Insurance Company, GAN North America Insurance Company, Federal Insurance Company, and Gerling America Insurance Company, the insurers of Dorsey Trailers, Inc. ("Dorsey"), appeal from the respective summary judgments...
Drummond Company - 11/22/2002
These parties have previously been before this court. See Drummond Co. v. Key, 819 So. 2d 57 (Ala. Civ. App. 2001) ("Drummond I").
Jerry R. Key sued his employer, Drummond Company, Inc., on November 21, 1995, seeking to recover...
Porterfield v. Audubon Indemnity Co. - 11/22/2002
United States District Judge Ira DeMent, acting pursuant to Rule 18, Ala. R. App. P., certified to this Court the following question of law, the answer to which he anticipates will be dispositive of a case pending before him: ...
Roberts v. State - 11/22/2002
Jason Larry Roberts appeals an order of the circuit court directing him to pay $12,166.25 in restitution to the parents of Andrea Michelle Danford. Roberts was convicted of criminally negligent homicide, a violation of § 13A-6-4, Ala....
Ceasco - 11/15/2002
I. Facts and Procedural History
Richard Byrom ("the worker") was employed by Ceasco, Inc., d/b/a Skill Lube ("the company"), as a service manager at an automobile service and repair store operated by the company in Madison. As a...
Lanthrip v. Wal-Mart Stores - 9/27/2002
Ruth Lanthrip sued employer, Wal-Mart Stores, Inc., seeking to recover workers' compensation benefits for an on-the-job injury to her left foot. After conducting an ore tenus hearing, the trial court, on July 31, 2000, entered a...
Griffin Wood Company - 9/27/2002
Charles E. Horton sued Griffin Wood Company, Inc. ("Griffin Wood"), on December 8, 2000, seeking workers' compensation benefits and alleging that he had suffered an injury to his back during the course of his employment with Griffin...
Looney v. State - 9/27/2002
The appellant, Bradley Elliott Looney, appeals the denial of his petition for a writ of habeas corpus. For the following reasons, we transfer this case to the Court of Civil Appeals.
On August 31, 2001, Looney filed what he...
Jackson Landscaping - 9/20/2002
Randy Hooks sued his employer, Jackson Landscaping, Inc., on November 13, 2000, seeking to recover workers' compensation benefits for injuries he allegedly sustained to his lower back and his left ankle and foot during the course of...
Tucker v. Marshall Medical Center South - 9/20/2002
Susan Tucker sued her employer, Marshall Medical Center South ("the Medical Center"), on May 14, 1999, seeking to recover workers' compensation benefits for injuries she sustained to her back during the course of her employment with...
Long v. Hoover - 9/20/2002
Edward R. Braden was employed as a police officer with the City of Hoover from 1983 to 1994. The highest rank he achieved was police sergeant. From 1995 to 1997, he was employed as director of public safety for the City. In 1997, the...
R.L. Carnes Logging Contractors - 9/20/2002
Clarence Whitsett sued his employer, R.L. Carnes Logging Contractors, Inc. ("Carnes Logging"), on May 5, 2000, seeking to recover workers' compensation benefits for injuries he sustained to his left leg and lower back during the course...
Skilstaf - 9/20/2002
In April 1997, Michael Williams ("the worker"), an employee of Skilstaf, Inc., was working at a mobile-home assembly plant when an overhead scaffold fell on him. The worker suffered spinal injuries that resulted in paraplegia.
In...
Ex parte Pikeville Country Club - 9/13/2002
PETITION FOR WRIT OF MANDAMUS
Pikeville Country Club, Inc. ("the Club"), and Harry Green, the defendants in an action pending in the Covington Circuit Court, petitioned for a writ of mandamus directing the circuit court to...
Miller v. Thompson - 9/13/2002
On January 27, 2000, Nancy W. Thompson and her husband John Michael Thompson sued Michael Miller, alleging that Miller had negligently or wantonly caused his vehicle to collide with the vehicle occupied by the Thompsons, thereby...
Ex parte Seaman Timber Company - 9/13/2002
PETITION FOR WRIT OF MANDAMUS
Seaman Timber Company, Inc., and others, defendants in an action pending in the Shelby Circuit Court, petition for a writ of mandamus directing the Shelby Circuit Court to dismiss this action with...
Community Care of America of Alabama - 9/13/2002
Community Care of America of Alabama, Inc., d/b/a IHS of Southgate f/k/a Southgate Village, a Delaware corporation, and two of its employees, Brenda White and Joan Tidwell (Community Care and its employees are hereinafter referred to...
Stabler v. City of Mobile - 9/6/2002
This appeal presents two questions: (1) Whether the trial court erred in dismissing the plaintiff's claim alleging the tort of outrage; and (2) Whether the trial court erred in finding that the plaintiff's action against the municipal...
Moore v. Prudential Residential Services Limited Partnership - 9/6/2002
Bobby L. Moore and Melba Jean Moore sued Prudential Residential Services Limited Partnership ("Prudential Residential"); Prudential Homes Corporation ("Prudential Homes"); Prudential South O'Town Realty, Inc. ("South O'Town"); Herbert...
Federal Insurance Company v. Travelers Casualty - 8/30/2002
This case is before this Court on two certified questions from the United States Court of Appeals for the Eleventh Circuit. As modified by this Court, those questions are:
1) Whether, absent any specific contractual duty, a...
Ex parte Shelby County Health Care Authority - 8/30/2002
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS
Shelby County Health Care Authority d/b/a Shelby Medical Center (hereinafter referred to as "the Hospital") appeals from the judgment of the Court of Civil Appeals...
Green v. CSX Transportation - 8/30/2002
This case presents the question whether the "latent- illness-discovery rule" applies to actions brought by the personal representatives of deceased railroad employees, pursuant to 45 U.S.C. § 59, a part of the Federal Employers'...
[T] Runyans v. Littrell - 8/23/2002
John Runyans, Sr. ("Runyans"), brought this action under the Dram Shop Act, § 6-5-71, Ala. Code 1975, seeking to recover from Allan Littrell and Penny Littrell ("the homeowners") damages resulting from injuries to Runyans's minor son,...
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