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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C.H. v. State Department of Human Resources - 8/16/2002
B.S.H., C.L.H., and T.L.H., the children of C.H. ("the mother") and T.H. ("the father"), were found dependent by January 12, 2001, orders of the trial court. On November 20, 2001, the Etowah County Department of Human Resources ("DHR")...
Carpenter v. Mobile County - 6/28/2002
This is a wrongful-death action filed against Mobile County, the City of Mobile, and others by Dana Carpenter, the administratrix of the estate of a deceased prisoner of the City of Mobile, who died detained in the Mobile Metro Jail, a...
James River Corp. v. Franklin - 6/28/2002
James River Corporation appeals from a Choctaw Circuit Court's judgment determining that Melvin Franklin sustained a permanent total disability from alleged back injuries suffered by Franklin while he was employed by James River. ...
Guaranty Pest Control - 6/28/2002
James Bush and Helen Bush sued Guaranty Pest Control, Inc. ("Guaranty"), in the Bibb Circuit Court. Their three-count complaint sought an award of damages on claims of negligence, breach of contract, and fraud. The case was tried...
Guck v. Daniel & Son - 6/28/2002
In January 2000, Mike Guck ("the employee"), a former employee of Daniel & Son, Inc. ("the employer"), brought an action against the employer in the Pike County Circuit Court seeking benefits under the Alabama Workers' Compensation...
Williams v. Mead Coated Board - 6/21/2002
In February 1998, Tommy Lee Williams filed a complaint against Mead Coated Board, Inc. ("Mead"), seeking workers' compensation benefits. Following an ore tenus proceeding, the trial court in March 2001 entered a judgment in favor of...
Ex parte Sterilite Corporation of Alabama - 6/7/2002
PETITION FOR WRIT OF MANDAMUS
Sterilite Corporation of Alabama (hereinafter referred to as "Sterilite"), a defendant in an action filed by John C. Homer III in the Jefferson Circuit Court petitions this Court for a writ of...
Addy v. Professional Business Owners Association Workers' Compensation Fund - 6/7/2002
Professional Business Owners Association Workers' Compensation Fund and Piknik Products Company, Inc. (hereinafter collectively referred to as "Piknik"), sued Samson Addy, as the surviving spouse of Annie Bibb Addy, and their minor...
Melcher v. American Cast Iron and Pipe Co. - 6/7/2002
Clifford Melcher sued his employer, American Cast Iron and Pipe Company ("ACIPCO"), on December 7, 1998, seeking to recover workers' compensation benefits for an injury he sustained to his back during the course of his employment with...
Ex parte James - 5/31/2002
On June 29, 2001, Order Vacating
December 3, 1997, Remand Order
This Court "shall never exercise the legislative and executive powers, or either of them; to the end that it may be a government of laws and not of men." Ala....
Ryan v. Hayes - 3/22/2002
The three above-captioned cases, consolidated on appeal, were brought in the Circuit Court of Limestone County by the victims of a post-escape rampage by Scourterrious Lofton ("Lofton"), an inmate at the Limestone Correctional Facility...
Smith v. Evans - 3/15/2002
Lester Jack Smith and Linda S. Smith, the sellers of certain real property in Bridgeport, appeal from a judgment entered by the Jackson Circuit Court on a jury verdict in favor of Ricky D. Evans, the purchaser of that property, on...
Estate v. Jones v. State Farm Mutual Automobile Insurance Company - 3/8/2002
The estate of Bill Wright Jones sued State Farm Mutual Automobile Insurance Company, alleging that State Farm had breached a settlement contract. The suit resulted from an automobile accident involving Jones, which occurred in Georgia...
Bassie v. Obstetrics & Gynecology Associates of Northwest Alabama - 3/8/2002
The issue on appeal is whether a personal-injury action may be maintained on behalf of a plaintiff who has been declared "brain dead" under § 22-31-1, Ala. Code 1975, as it read before it was amended effective July 1, 2000. We affirm...
Mathis v. Harrell Company - 3/1/2002
The sole issue in this case is whether the trial judge erred in entering a summary judgment in favor of the defendants in an action in which Kenneth Mathis claimed that he was injured by a defectively designed piece of farm machinery....
CSX Transportation - 3/1/2002
CSX Transportation, Inc. ("CSX"), is a railroad company that owns and maintains the track over which its trains run. CSX employees pack, or tamp, crushed stone under the tracks to keep the rails level. Tampers are used to pack the...
Ex parte City of Haleyville - 2/22/2002
PETITION FOR WRIT OF MANDAMUS
The City of Haleyville ("the City"), the defendant in an action pending in the Marion Circuit Court, petitions this Court for a writ of mandamus ordering the Marion Circuit Court to transfer this...
Bay Lines - 2/15/2002
Bay Lines, Inc., a trucking company, leased and then subsequently purchased a number of freight trailers from a dealer who sold trailers built by Stoughton Trailers, Inc. The lease for the first trailers began in July 1991; Bay Lines...
Morrow v. Gibson - 2/15/2002
On April 17, 1984, Lawrence Kenny Averette ("Kenny") was killed in a motorcycle accident. He left a daughter, April Averette ("April"), who was four years old at that time, and a wife, then known as Janet Diane Averette ("Diane"). At...
[W] West Point Stevens - 2/15/2002
OPINION WITHDRAWN and new opinion issued May 17, 2002.
WEST POINT STEVENS, INC. v. BETTY FAE HILL
Appeal from Chambers Circuit Court (CV-96-146)
The opinion of the court was delivered by: Crawley, Judge. ...
Ervin v. Excel Properties - 12/21/2001
Nannie Ervin, a resident of Madison Haven II Apartments, sued Excel Properties, Inc., d/b/a Madison Haven II Apartments ("Excel"), on June 30, 2000, alleging that Excel had negligently or wantonly failed to repair a defective and...
Oliver v. Woodward - 12/14/2001
On Application for Rehearing
The opinion of September 28, 2001, is withdrawn and the following is substituted therefor.
Karen Oliver appeals the summary judgment entered in favor of Dr. Bryan Woodward III. We reverse and...
Weaver v. Kimberly-Clark Corp. - 11/30/2001
This case was transferred to this court by the Supreme Court pursuant to Ala. Code 1975, § 12-2-7(6). The plaintiffs Robert Weaver and Frances Weaver appeal from a summary judgment in favor of the defendant Kimberly-Clark Corporation. ...
Vaughan v. Oliver - 9/28/2001
Dr. Suzanne Vaughan and Birmingham Radiological Group-MCE, P.C. ("the Group"), appeal the judgment of the trial court entered on the jury verdict of $500,000 in past damages and $2,000,000 in future damages against them and in favor...
Hooker Construction - 9/21/2001
Steve Walker, Sr. filed a workers' compensation action against Hooker Construction, Inc. ("the company"), alleging that he was employed by the company and that he was injured while so employed. American Interstate Insurance Company,...
Waddail v. Roberts - 9/21/2001
On Remand from the Supreme Court
The Alabama Supreme Court has reversed this court's judgment of November 17, 2000, and has remanded the case. See Ex parte Waddail, [Ms. 1000750, July 5, 2001] So. 2d (Ala. 2001). On remand, this...
Goodyear Tire & Rubber Company v. Snell - 9/14/2001
Royce Snell sued his employer, Goodyear Tire & Rubber Company, on April 7, 1999, seeking to recover workers' compensation benefits for injuries he had sustained to his lower back on October 2, 1996; to his right knee on April 17,...
Ex parte Elba General Hospital and Nursing Home - 9/14/2001
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS
Gerald H. Nelson sued Elba General Hospital and Nursing Home, Inc. ("Elba General"), alleging that, through negligence or wantonness, Elba General had caused the death...
Ex parte Pratt - 9/14/2001
PETITION FOR WRIT OF MANDAMUS
Grady L. Pratt and others, the plaintiffs in an action filed in the Macon Circuit Court, petition for a writ of mandamus directing Judge Howard F. Bryan to vacate his order transferring the action to...
General Motors Corporation v. Jackson - 9/14/2001
Gladys Jackson sued her employer, General Motors Corporation, on April 5, 1999, seeking to recover workers' compensation benefits for injuries she claimed to have sustained to her "arms, wrists and hands" during the course of her...
Hinton v. Monsanto Co. - 9/14/2001
The United States District Court for the Northern District of Alabama, Eastern Division, has certified the following question to this Court:
"Does a complaint which does not allege any past or present personal injury to the...
Osborn v. Roche - 9/14/2001
This appeal was filed pursuant to Rule 5(a), Ala. R. App. P., by John Jay Osborn, M.D., and Seth I. Izenberg, M.D. We granted them permission to appeal from the trial court's Rule 60(b), Ala. R. Civ. P., order setting aside summary...
Shelter Mutual Insurance Company v. Barton - 9/7/2001
This is an appeal from the denial of a motion for a judgment as a matter of law following a jury's award of damages in a breach-of-contract and bad-faith action against an insurer providing uninsured motorist coverage. We reverse and...
Ex parte Meztista - 9/7/2001
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS
CeCe Hylton sued Edward C. Meztista and Magic Media Division ("MMD"), a partnership, alleging breach of the partnership agreement and seeking a dissolution of the...
Files v. State - 8/31/2001
The appellant, Mary Jane Files, was indicted on a charge of intentional murder. She was found guilty at trial of the lesser offense of criminally negligent homicide. The trial court sentenced her to 12 months in the county jail. ...
Smith v. Pepper - 3/23/2001
Malcolm Black Pepper, the defendant in an action pending in the Jefferson Circuit Court, petitions for a writ of mandamus directing the trial court to vacate its order denying his motion to compel the deposition of Dr. William Meneese,...
Long v. Monsanto Co. - 3/23/2001
This petition for a writ of mandamus arises out of three separate cases pending in the Calhoun Circuit Court that were consolidated during the pretrial proceedings. There are approximately 2,714 plaintiffs in the three cases, and each...
Hathcock v. Wood - 3/16/2001
This negligence case arises out of an automobile accident that occurred on March 19, 1994. The defendant Ben Cleburn Hathcock appeals from a judgment entered upon a jury verdict awarding $600,000 to the plaintiff Marshall Wood and...
McCullar v. Winston County Chiropractic Clinic - 3/16/2001
Dr. Constantina R. Boshell is a defendant in an action filed in the Walker Circuit Court. She petitions for a writ of mandamus directing Judge John L. Madison to vacate his September 19, 2000, order transferring that case from Walker...
Millar v. Wayne's Pest Control - 3/9/2001
On Application for Rehearing
The opinion of January 12, 2001, is withdrawn, and the following is substituted therefor.
Diann Van Dervort Millar filed an action seeking to enforce certain provisions of a workers'...
Roper v. Coosa Valley Health Care - 12/29/2000
Coosa Valley Health Care, Inc. ("Coosa Valley"), one of the defendants in a civil action pending in the Etowah Circuit Court, petitions for a writ of mandamus directing Judge Donald W. Stewart to vacate or amend his discovery orders of...
Sims v. Clark McDuffie Crates - 12/29/2000
Jerry W. Sims filed a wrongful-death action against Michael T. Ilczyszin and Clark McDuffie Crates. The trial court entered a summary judgment in favor of Ilczyszin and a judgment on a jury verdict in favor of Crates. Sims appeals. We...
Cabaniss v. Anderson - 12/22/2000
Robert E. Anderson, M.D., the defendant in a medical-malpractice action pending in the Dallas Circuit Court, petitions for a writ of mandamus directing the circuit court to vacate its order compelling Dr. Anderson to comply with...
Ridlespurge v. Kmart Corporation - 12/8/2000
This is a workers' compensation case.
On April 25, 1997, Brenda Ridlespurge filed a complaint in the Circuit Court of Etowah County, alleging that she had sustained injuries to various body parts while working within the line...
Wilson v. Teng - 12/8/2000
The plaintiff, Stacia Wilson, brought a medical malpractice wrongful-death action against Athens-Limestone Hospital and Dr. Bibi L. Teng, a pediatrician employed by Athens-Limestone Hospital. The plaintiff complains that, after she...
Lyons v. Walker Regional Medical Center - 12/8/2000
Margaret Lyons, as administratrix of the estate of Kenneth Cook, filed a wrongful-death case against Walker Regional Medical Center and Laurie Hunter, a registered nurse employed by Walker Regional. Walker Regional and Hunter moved for...
Smartt v. City of Huntsville - 12/1/2000
The primary issue presented by this appeal is whether benefits under the Trinity Act, Act No. 26, Ala. Acts 1962 (Spec. Sess.), are supplemental to workers' compensation benefits, or whether workers' compensation benefits are the...
Alabama Department of Finance v. Adams - 12/1/2000
David L. Adams is a law-enforcement officer employed by the Alabama Alcoholic Beverage Control Board ("the ABC Board"). Adams was scheduled to be off on November 7, 1997; however, he went to his place of employment to pick up his...
Carreker v. Alabama Great Southern Railroad Co. - 12/1/2000
Alabama Great Southern Railroad Company ("AGS") and Norfolk Southern Railway Company ("Norfolk Southern"), the defendants in an action pending in the Greene Circuit Court, petition for a writ of mandamus directing the circuit court to...
Dunlop Tire Corp. v. Arch - 12/1/2000
Dunlop Tire Corporation ("Dunlop") appeals from an order entered by the Madison County Circuit Court determining that it must pay a medical bill incurred by Spencer F. Arch, Jr. We dismiss the appeal as from a non-final judgment. ...
Hayes v. Ridgeview Health Care Center - 12/1/2000
Ridgeview Health Care Center, Inc., seeks a writ of mandamus directing Walker Circuit Judge Hugh Beaird to vacate his order compelling Ridgeview to respond to certain discovery requests seeking information that Ridgeview argues is not...
Wade Clinic of Chiropractic - 11/22/2000
As modified on denial of rehearing 06/01/2001
The plaintiff brought a medical malpractice action against Wade Chiropractic Clinic and Dr. Thomas Zink, a chiropractor employed by the clinic. The plaintiff alleged that Dr. Zink, as...
Baugher v. Beaver Construction Co. - 11/22/2000
Beaver Construction Company substantially completed construction of Wildwood Apartments in 1979. Nearly 15 years later, on March 17, 1994, a fire destroyed Wildwood Apartments. At that time, Dann Baugher and Myra Dasinger, tenants of...
Nickolson v. Alabama Trailer Co. - 11/17/2000
Michael Gene Nickolson, Jr., was an employee of Alabama Power Company; he was killed in a work-related accident when some utility poles fell from a trailer. His wife, Dova Nickolson, as administratrix of his estate, sued the...
Mock v. Allen - 11/17/2000
On Application for Rehearing
The opinion of June 30, 2000, is withdrawn and the following opinion is substituted therefor.
Shellie Mock, Jr., appeals from a judgment entered on a jury verdict in favor of the defendant Dr....
Waddail v. Roberts - 11/17/2000
As amended 1/15/2001.
Melanie R. Waddail, the mother of William Adam Waddail, a deceased minor, appeals from a summary judgment entered in favor of Glenn A. Roberts, D.O., in this medical-malpractice case. This case was...
Ex parte Lucas - 11/17/2000
This Court's opinion of July 28, 2000, is withdrawn, and the following opinion is substituted therefor.
Leigh Ann Lucas was indicted for two counts of capital murder, violations of § 13A-5-40(15), Ala. Code 1975. Count I charged...
Nelson v. Elba General Hospital and Nursing Home - 11/17/2000
The plaintiff Gerald H. Nelson appeals from a summary judgment in favor of the defendant Elba General Hospital and Nursing Home, Inc. ("Elba General"). On January 23, 1998, Gerald H. Nelson, as executor of the estate of his father,...
Okeke v. Craig - 11/9/2000
Dr. Ernest I. Okeke appeals, pursuant to Rule 5, Ala. R. App. P., from an order denying his motion to dismiss a complaint filed by Donald Craig, as administrator of the estate of Ola Mae Craig. We answer the question Dr. Okeke...
Hauseman v. University of Alabama Health Services Foundation - 11/3/2000
The plaintiff, Felicia Hauseman, appeals the circuit court's summary judgment entered in favor of the defendants Dr. Albert Pacifico and the University of Alabama Health Services Foundation ("UAHSF").
Margaret B. Hicks was...
Knowles v. State Farm Mutual Automobile Insurance Co. - 9/29/2000
This case arises from an accident that occurred during a Halloween "haunted hayride" in 1996 at Woodmen of the World Lodge # 3854 in Saraland. Daniel H. Knowles fell off the back of a flatbed trailer being pulled by a truck driven by...
Automotive Wholesalers of Alabama & Georgia v. Kruetzer - 9/29/2000
The plaintiff, Automotive Wholesalers of Alabama & Georgia/Self-Insured Workers Compensation Fund appeals from summary judgments in favor of the defendants, Charles R. Merrill and Reinhard Kruetzer.
The record shows the...
Union Fidelity Life Insurance Company v. McCurdy - 9/22/2000
On Application for Rehearing
The opinion of June 30, 2000, is withdrawn, and the following is substituted therefor.
Union Fidelity Life Insurance Company ("Union Fidelity") appeals from the trial court's award of $915,000...
Marsh v. Green - 9/22/2000
Dixie Marsh appeals from a judgment entered on a jury verdict in favor of W. Rodgers Green, M.D., in her medical-malpractice action against Dr. Green. We reverse and remand.
In February 1993, Marsh discovered a mass in her left...
B E & K - 9/22/2000
These parties have previously been before this court. See B E & K, Inc. v. Weaver, 743 So. 2d 476 (Ala. Civ. App. 1999).
Grover Cleveland Weaver, Jr., sued his employer, B E & K, Inc., for workers' compensation benefits....
Delta Air Lines - 9/15/2000
The sole issue presented in this case is whether the plaintiff's tort claim against an air carrier for damages for lost jewelry that was stored in luggage is preempted by federal law.
Facts
The facts of this case appear...
Ayers v. Duo-Fast Corporation and Cavalier Homes of Alabama - 9/15/2000
On April 10, 1995, Bobby Ayers was injured while working in the line and scope of his employment with Cavalier Homes of Alabama, a division of Cavalier Manufacturing, Inc., in Winston County. Ayers was struck in his spine by a nail...
Hall v. Chi - 9/8/2000
Marian Hall, as personal representative of the estate of her husband James Edward Hall, appeals from a judgment on the pleadings entered in favor of the defendants in a wrongful-death action. We reverse and remand.
On October 17,...
Knapp v. Wilkins - 9/8/2000
As modified 11/22/2000
The plaintiff appeals from a judgment and other rulings in favor of the defendant in a tort action arising from a motor- vehicle collision. Karin Jackie Knapp ("the plaintiff") sued Jason Barclay Wilkins...
Ex parte Seabol - 9/1/2000
On Application for Rehearing
The opinion of May 26, 2000, is withdrawn, and the following is substituted therefor.
On September 17, 1996, Patrick Seabol sued Carl Michael Seibert, alleging legal-service liability pursuant...
Wimpee v. Stella - 9/1/2000
On Application for Rehearing
The memorandum of November 24, 1999, is withdrawn. This is a substitute opinion.
The plaintiffs Kaytlin F. Wimpee and Christy Lee Johnston appeal from a summary judgment entered in favor of the...
Heathcock v. Wal-Mart Stores - 9/1/2000
Terry G. Heathcock, as the personal representative of the estate of Ruby Payne, deceased; and as the personal representative of the estate of Jean Heathcock, deceased, appeals from a summary judgment in favor of Wal-Mart Stores, Inc....
Anderson v. Alabama Reference Laboratories - 8/18/2000
The plantiffs, Thomas Mark Anderson and his wife Cynthia S. Anderson, appeal from a summary judgment in favor of the defendant Alabama Reference Laboratories ("ARL"). We affirm.
I.
On September 13, 1995, Thomas Mark...
Miller v. Jackson Hospital and Clinic - 8/11/2000
Roy Lee Miller ("Roy Lee"), on January 14, 1997, while hospitalized at Jackson Hospital, suffered severe burns over a large portion of his body. On February 19, 1997, Roy Lee executed a durable power of attorney in favor of Charles...
McGaster v. South Baldwin Hospital - 8/4/2000
In July 1998, Lillie Ree McGaster sued South Baldwin Hospital, Courcy and Cain, M.D.'s., P.A., and Dr. David W. Cain, alleging that Dr. Cain had negligently allowed a sponge used in gall-bladder-removal surgery to remain inside her and...
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