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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Cunningham v. Langston - 12/23/1998
NOTICE: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery,...
FIELDER v. USX CORP. - 12/18/1998
The plaintiffs, Felecia Fielder and her minor children, appeal from a summary judgment entered in favor of the defendants USX Corporation and I, arry Dillard, safety and security director of USX.
Clyde Fielder, the husband of...
MARSH v. WENZEL - 12/11/1998
The plaintiff, Dixie Marsh, appeals from a summary judgment entered in favor of the defendants Brian C. Wenzel, M.D., and Pathology Laboratory Associates, P.A. ("the Laboratory"). We affirm.
In February 1993, Marsh discovered a...
FORD MOTOR CO. v. RICE - 12/4/1998
Pursuant to Rule 5, Ala. R. App. P., this Court granted Ford Motor Company ("Ford") permission to appeal from an interlocutory order holding that Ford was not entitled to a summary judgment on the fraudulent-suppression claims of the...
Williamson v. Indianapolis Life Insurance Co. - 12/4/1998
REL:12/04/98WILLIAMSON/IND.LIFE
In 1992, John R. Williamson was looking for a way to fund two trusts that he was creating. While his personal health was good and his business was thriving, Williamson was willing to make large,...
EDGAR v. RILEY - 12/4/1998
C.W. Riley, individually and as next friend of his nine-year-old son, Zachary L. Riley, sued James R. Edgar, Nancy Sue Edgar, and Kevin Edgar, alleging, among other things, that Zachary had been bitten by a pit bull dog owned by the...
HILL MFG. COMPANY - 11/25/1998
AFFIRMED. NO OPINION.
See Rule 53 (a)(1) and (a)(2)(F), Ala. R. App. P.
ALMON, SHORES, HOUSTON, KENNEDY, COOK, SEE, and LYONS, JJ., concur.
HOOPER, C.J., concurs in part and dissents in part.
Maxell Leon Webb...
GUNTER v. HUDDLE - 11/20/1998
Barbara Gunter appeals from a summary judgment entered by the Mobile County Circuit Court in favor of R. Michael Huddle, M.D. ("Dr. Huddle"), on her claims of medical malpractice and intentional infliction of emotional distress arising...
Morell v. Tennessee Valley Press - 11/6/1998
OCTOBER TERM, 1998-99
Appeal from Morgan Circuit Court (CV-96-11)
The plaintiff appeals from a summary judgment entered in an action against her former employer alleging retaliatory discharge.
On August 30, 1994,...
DALLAS v. RUSSELL - 11/6/1998
On March 8, 1996, Cynthia Dallas, individually, and as mother and next friend of Courtney Dallas, filed a complaint in the Dallas County Circuit Court against D.M. Russell, Jr., D.M.D. The mother asserted claims of negligence and...
Marcum v. Ausley - 11/6/1998
OCTOBER TERM, 1998-99
Appeal from Jefferson Circuit Court (CV-96-2601)
This appeal presents a dispute among three sisters over the apportionment of the proceeds of a settlement that was reached in a case in which one of the...
EX PARTE CHILDREN'S HOSPITAL OF ALABAMA - 8/28/1998
The Children's Hospital of Alabama; The University of Alabama Health Services Foundation, P.C.; Dr. Patricia Aronin; Dr. Michael Rauzzino; and Dr. Alan F. Jacks (collectively, the "Health Care Defendants") petition this Court for writs...
EX PARTE PAULK - 8/28/1998
On Second Application For Rehearing
The opinion of March 20, 1998, is withdrawn, and the following is substituted therefor.
The plaintiffs, McIver L. Paulk, Thomas B. Paulk, Sr., and Annie Pearl Smith, petition for a writ...
GAMBLE v. CORLEY - 8/28/1998
The defendant, F. Page Gamble, appeals from a summary judgment for the plaintiff, Corley, Moncus & Ward P.C. ("Corley Moncus"), in this dispute over an attorney fee. We reverse and remand.
The following material facts appear...
STATE FARM FIRE & CAS. CO. v. OWEN - 8/21/1998
The defendant State Farm Fire and Casualty Company appeals from the judgment entered on a jury verdict awarding the plaintiff Katherine Owen $1,339 in compensatory damages and $130,000 in punitive damages for fraudulent suppression....
EX PARTE BOLES - 8/14/1998
Donald Neil Boles petitions for a writ of mandamus directing the Tallapoosa Circuit Court to vacate its order transferring Boles's lawsuit against John Earl Kelley and State Farm Mutual Automobile Insurance Company to the Lee Circuit...
DANSBY v. HAGOOD - 8/7/1998
Vicki Dansby and her husband, Hubert Alan Dansby, appeal a summary judgment entered in favor of John Hagwood, D.M.D., in a medical malpractice case. We affirm.
Our review of the record reveals the following: In 1994 Mrs. Dansby's...
EX PARTE MCCARTNEY CONSTRUCTION COMPANY - 8/7/1998
McCartney Construction Company ("McCartney"), a defendant in an action pending in the Etowah Circuit Court, petitions for a writ of mandamus directing that court to vacate its order denying McCartney's motion to dismiss, and to dismiss...
RIDGEWAY v. CSX TRANSP. - 7/31/1998
The plaintiff Al Ridgeway, individually and as the personal representative of the estate of his wife Debbie Ridgeway, appeals from summary judgments for the defendants CSX Transportation, Inc. ("CSX"), and the Town of Thorsby, in an...
Usrey v. Wal-Mart Stores Inc. - 7/31/1998
EX PARTE CLINT C. USREY (WAL-MART)
SPECIAL TERM, 1998
Ex parte Clint C. Usrey
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS
(Calhoun Circuit Court, CV-95-390; Court of Civil Appeals, 2960170) ...
THERMAL COMPONENTS - 6/19/1998
This lawsuit arises out of injuries Gusta Golden claims to have suffered as a result of overexposure to lead particles while working within the line and scope of his employment for Thermal Components, Inc., a division of Insilco...
MORELL v. TENNESSEE VALLEY PRESS - 6/12/1998
On August 30, 1994, Ainslie Morell sued Tennessee Valley Press, Inc., seeking workers' compensation benefits she claimed she was owed for injuries she allegedly incurred as a result of an on-the-job accident. The trial court...
R.J. REYNOLDS TOBACCO CO. v. CANTLEY - 6/5/1998
Pursuant to Rule 5, Ala.R.App.P., we granted the defendants, Lorillard Tobacco Company, Inc. ("Lorillard"), and R.J. Reynolds Tobacco Company ("Reynolds"), permission to appeal the trial court's interlocutory order granting a Rule 60,...
PIKE COUNTY COMMISSION v. GREEN - 6/5/1998
Fred Green sued the Pike County Commission in the Pike County Circuit Court for workers' compensation benefits on November 7, 1996. On April 9, 1997, the parties filed a "Joint Motion to Determine Necessity of Medical Benefits,"...
TEE JAYS MFG. CO. - 6/5/1998
Susan Stults sued her employer, Tee Jays Manufacturing Company, Inc., seeking to recover workers' compensation benefits that she claimed she was owed for an alleged on-the-job injury. After an ore tenus proceeding, the trial court...
CANAL INS. CO. v. OLD REPUBLIC INS. CO. - 5/29/1998
Canal Insurance Company appeals from a judgment declaring that Canal and Old Republic Insurance Company owed concurrent liability coverage to the insured, Kenney Wilson, a defendant in a wrongful death action. Canal argues that it owes...
WHITE v. JONES - 5/29/1998
Minnie White sued Dr. R.M. Jones, a chiropractor, alleging that he had negligently treated her knee. The case proceeded to trial. After White had completed her case-in-chief, Jones moved for a directed verdict. After hearing the...
EX PARTE FEDERAL EXPRESS CORPORATION - 5/29/1998
Federal Express Corporation, the defendant in an action pending in the Greene Circuit Court, has petitioned this Court for a writ of mandamus directing Judge Eddie Hardaway to grant its motion to vacate his order of August 16, 1996,...
COLEMAN v. ALABAMA POWER COMPANY - 5/22/1998
On November 14, 1993, 15-year-old Aaron Coleman was injured when a 32-foot citizen band radio ("CB") antenna that he was disposing of came into contact with an uninsulated power line owned by Alabama Power Company ("APCCo"). Coleman...
EX PARTE TOYOKUNI & CO. - 5/22/1998
Junior G. Hollingsworth died of smoke inhalation in a house fire on December 25, 1994, while he was the overnight guest of Ronald and Barbara Stults. Raymond Hollingsworth, as administrator of Junior Hollingsworth's estate, alleges...
EX PARTE CITY OF GUNTERSVILLE v. BISHOP - 5/22/1998
The central issue presented in this case is whether § 25-5-77 (a), Ala. Code 1975, requires an employer and/or its workers' compensation insurance carrier to furnish a disabled claimant with a motor vehicle. That section provides, in...
EASTERLY v. BEAULIEU OF AMERICA - 5/22/1998
This is the second time that these parties have been before this court. Easterly v. Beaulieu of America, Inc., 703 So.2d 397 (Ala.Civ.App. 1997) (Easterly I). In Easterly I, this court reversed the judgment of the trial court, finding...
EUBANKS v. INTERNATIONAL PAPER CO. - 5/15/1998
Littleton H. Eubanks filed a complaint in the Mobile County Circuit Court against International Paper Company, seeking workers' compensation benefits. Eubanks alleged that in February 1994, while working in the line and scope of his...
EX PARTE CHEVRON CHEMICAL COMPANY - 5/15/1998
This case arises out of injuries suffered by Don Lawley and Derrick Byrant in the explosion of a plastic gas pipeline they were installing for their employer, Mobile Gas Company ("Mobile Gas"). Lawley and Bryant sued Chevron Chemical...
SCHULTE v. SMITH - 12/19/1997
On Application for Rehearing
The opinion of September 12, 1997, is withdrawn and the following is substituted therefor.
The only issue involved in this appeal is how post-judgment interest should be calculated. Both sides...
STAR RAILS - 12/19/1997
Linda Faye May (employee) filed a complaint in the Lauderdale County Circuit Court against her former employer, Star Rails, Inc., seeking workers' compensation benefits for a January 5, 1996, back injury. Following oral proceedings,...
EX PARTE STATE MUTUAL INS. CO. - 12/16/1997
On Applications for Rehearing in Case 1960410 and on Initial Appellate Review in Cases 1960455 and 1960589
The opinion of April 4, 1997, in case 1960410 is withdrawn and the following opinion, dealing with that case and with two...
CHEROKEE ELEC. CO-OP. v. COCHRAN - 12/12/1997
Jack Livingston and John F. Porter III of Livingston & Porter, Scottsboro, for appellant.
Robert G. Wilson, David C. Wear, and Nikki Parrish Scott of Wear & Wilson, P.A., Fort Payne; and James S. Hubbard,...
VAUGHN v. DCH HEALTH CARE AUTHORITY - 12/5/1997
Wade Vaughn appeals from a summary judgment entered in favor of DCH Health Care Authority. This case is before this court pursuant to § 12-2-7(6), Ala. Code 1975.
Our review of the record reveals the following pertinent facts:...
PETERSON v. PETERSON - 12/5/1997
On August 17, 1994, Vallie Peterson Bender executed a will that had been prepared for her by her attorney, W. Mark Anderson III. Anderson was named as executor of the will and was named as a beneficiary of 75 shares of AT & T...
THOMPSON v. REHABWORKS OF FLORIDA - 12/5/1997
Judy Ann Thompson filed a complaint in the Baldwin County Circuit Court against her employer, Rehabworks of Florida, Inc., and the workers' compensation insurance carrier for the employer, Fireman's Fund Insurance Company, Inc....
CENTRAL PARKING SYSTEM v. STEEN - 11/26/1997
Central Parking System of Alabama, Inc. ("Central Parking"), the defendant in a personal injury/premises liability action, appeals from a judgment for the plaintiff. We affirm.
Laura Y. Steen, a groundskeeper employed by the...
FITZGERALD v. AUSTIN - 11/14/1997
On May 8, 1992, Kenny D. Fitzgerald was injured in an accident in Arkansas while driving a tractor-trailer truck for Austin Transportation, Inc. (the "company"). According to Fitzgerald, his injuries as a result of the accident were...
GENNIE v. VANHORNE - 11/14/1997
The plaintiff appeals from a judgment in her favor, contending that the trial court erred in denying her challenge to the racial composition of the jury. We affirm.
Sandra Gennie filed this action on behalf of herself and her...
LIFE INS. CO. OF GEORGIA v. PARKER - 11/7/1997
James Parker and his wife Rosie Parker sued Life Insurance Company of Georgia and James Mark Taunton in his capacity as an agent of the insurance company, alleging conversion, intentional misrepresentation, and fraudulent suppression...
EX PARTE HSU - 11/7/1997
Dr. Mark Hsu and Southeastern Cardiology Consultants, P.C. ("Southeastern Cardiology"), have petitioned this Court for a writ of mandamus directing Judge Charles Price, of the Montgomery Circuit Court, to set aside his order granting...
BECTON v. RHONE-POULENC - 11/7/1997
On September 18, 1995, West Berry Becton sued Rhone-Poulenc, Inc., as successor-in-interest to Stauffer Chemical Company, Inc. ("Rhone"), and various employees of Courtaulds Fibers, Inc. ("CFI"). On February 6, 1996, Becton amended...
CITY OF BIRMINGHAM v. WAITS - 11/7/1997
The City of Birmingham appeals from a judgment entered pursuant to a jury verdict in favor of Janet Lavert Waits. We affirm.
On May 16, 1991, Waits, a City of Birmingham correctional officer, was assigned to guard inmates in...
PITTS v. BEASLEY - 10/31/1997
The plaintiff, Gerard Pitts, appeals from a summary judgment for the defendants, James Beasley, Charles Stewart, Jack Stevenson, and Thomas McNider. Pitts's action sought to recover damages under Ala. Code 1975, § 25-5-11, for injuries...
MISS. VALLEY TITLE INS. v. HOOPER - 10/31/1997
The plaintiff, Mississippi Valley Title Insurance Company ("Mississippi Valley"), appeals from an order dismissing its complaint against Perry O. Hooper, Sr. The plaintiff also petitions for a writ of mandamus directing the trial judge...
COATES v. GUTHRIE - 10/31/1997
Thomas Edward Guthrie, a coal miner employed by Jim Walter Resources, Inc. ("Jim Walter"), was killed in a mining accident when a portion of the roof in Jim Walter's No. 7 underground mine collapsed. His widow, Betty Sue Guthrie, filed...
TAYLOR v. GENERAL MOTORS CORP. - 10/31/1997
The plaintiff Richard Taylor appeals from a judgment entered on a jury verdict in favor of the defendants General Motors Corporation ("GM") and Bay Chevrolet, Inc. Although Taylor's wife and children were also plaintiffs and also...
OGLE v. GORDON - 9/12/1997
The plaintiff in this wrongful death action was not issued letters of administration until more than two years after the death of his wife. However, he filed this action, based on his wife's death, within the two years allowed by the...
AMERICAN PIONEER LIFE v. WILLIAMSON - 9/5/1997
On Remand from the United States Supreme Court
This case is on remand from the United States Supreme Court for reconsideration of the punitive damages award in light of BMW of North America, Inc. v. Gore, 517 U.S. 559, 116 S.Ct....
CRAWFORD v. MARTIN - 9/5/1997
These appeals are from a summary judgment. In a previous appeal in this action, which appeal involved other defendants, our supreme court set forth some of the history of this case:
"On July 3, 1989, an explosion at the 3M...
GIBBONS v. SHADDIX PULPWOOD CO. - 6/27/1997
Leon Gibbons sued Shaddix Pulpwood Company, seeking to recover workers' compensation benefits for an on-the-job injury to his back that he claims left him permanently disabled. After an ore tenus hearing, the trial court entered a...
GLADHILL v. LAMAR COUNTY COM'N - 6/13/1997
These appeals present a question of standing to bring a wrongful death action under §§ 6-5-390 and 6-5-391, Ala. Code 1975.
On December 24, 1994, Neal Gladhill, Jr., and his two children, Ashley and Theron, were killed when the...
COX v. NORTH RIVER HOMES - 5/30/1997
Richard E. Cox sued his employer, North River Homes, seeking to recover workers' compensation benefits for injuries he alleged he had sustained during the course of his employment. Following an ore tenus proceeding, the trial court...
EX PARTE BICKERSTAFF CLAY PRODUCTS - 5/30/1997
WRIT DENIED.
HOOPER, C.J., and ALMON, SHORES, KENNEDY, COOK, and SEE, JJ., concur.
MADDOX and HOUSTON, JJ., dissent.
I must respectfully dissent because I do not believe the Court of Civil Appeals adequately...
CHURCH v. UNIROYAL GOODRICH TIRE CO. - 5/30/1997
On Application for Rehearing
This court's April 11, 1997, order of affirmance without an opinion, issued pursuant to Rule 53, Ala.R.App.P., is withdrawn, and the following opinion is substituted therefor.
Mable Church (the...
MIDWEST EMP. CAS. v. E. ALA. HEALTH CARE - 5/30/1997
The United States District Court for the Middle District of Alabama has certified to this Court a question of Alabama law. That court's order certifying its question contains the following relevant background information:
"In...
KENT CORP. v. HALE - 3/28/1997
Don Hale sued Kent Corporation, asserting that Kent had dismissed him in retaliation for filing a workers' compensation claim. See Ala.Code 1975, § 25-5-11.1, part of the Alabama Workers' Compensation Act. Kent moved for a directed...
EX PARTE HOLLAND - 3/28/1997
Mitchell and Tammy Holland petition for a writ of mandamus directing Mobile Circuit Judges Braxton L. Kittrell, Jr., and Robert L. Byrd, Jr., to vacate their orders of June 12, 1996, and June 14, 1996, respectively. Those orders,...
MUELLER CO. v. TRAMBEAM CORP. - 3/21/1997
This appeal follows entry of a judgment based on the directed verdicts entered in favor of the defendants, Trambeam Corporation, Burnett Equipment, Inc., and Hoist Services Industries (HSI).
Mueller Company operates a foundry...
TURNER v. VON BRAUN CIVIC CENTER - 3/21/1997
Chris Turner sued his employer, Von Braun Civic Center, seeking workers' compensation benefits and alleging a retaliatory discharge. Turner settled his workers' compensation claim. The civic center filed a motion for a summary judgment...
EASTERLY v. BEAULIEU OF AMERICA - 3/21/1997
On January 19, 1993, Betty Ann Easterly filed a complaint in the Jackson County Circuit Court against Beaulieu of America, Inc., seeking workmen's compensation benefits. Easterly also asserted various claims against individual...
BARLOW v. LIBERTY NAT. LIFE INS. CO. - 3/14/1997
On November 23, 1994, Mark Barlow filed a complaint against Liberty National Life Insurance Company, Robin Golden Ledbetter, and various fictitious defendants. Barlow asserted claims of negligence, wantonness, willful or reckless...
EX PARTE MITCHELL - 3/14/1997
State Farm Insurance Companies and Billy Jack Mitchell, Christy Thompson, and Felicia Mitchell, employees of State Farm, petition for a writ of mandamus directing Judge Drayton N. James of the Jefferson Circuit Court to transfer an...
HALSEY v. A.B. CHANCE CO. - 3/14/1997
Antoinette V. Halsey, as administratrix of the estate of her husband, Roderick M. Halsey, appeals from a summary judgment for the defendant A.B. Chance Company in this wrongful death action. Mrs. Halsey claims that Chance negligently...
HEALTHTRUST - 3/7/1997
Martha Cantrell and her husband William Cantrell, on behalf of their daughter, Laura Elizabeth Cantrell, sued Orthopaedic Associates of North Alabama, P.C. ("Orthopaedic Associates"), and HealthTrust, Inc. d/b/a Crestwood...
EX PARTE CINCINNATI INS. CO. - 2/28/1997
Cincinnati Insurance Company ("Cincinnati") has petitioned for a writ of mandamus directing Judge Jack D. Carl of the Jefferson Circuit Court to allow Cincinnati to amend its complaint in a pending action to specifically request...
GRAHAM v. PREFERRED ABSTAINERS INS. CO. - 2/28/1997
Marjorie Graham, conservator for Pearl G. Campbell (conservator), appeals from a summary judgment entered in favor of Preferred Abstainers Insurance Company (Preferred).
Our review of the record reveals the following pertinent...
STEWART v. SWADER - 2/28/1997
The defendant appeals from an order granting a new trial. This case was transferred to this court by the supreme court, pursuant to § 12-2-7(6), Ala. Code 1975.
On March 29, 1993, Amanda Swader and her husband Patrick Swader sued...
TOWN OF ADDISON v. COOKE - 2/21/1997
Dennis Cooke filed a complaint in the Winston County Circuit Court against his former employer, the Town of Addison, Alabama, seeking workers' compensation benefits. Cooke alleged that he had suffered two injuries arising out...
AYRES v. LAKESHORE COMMUNITY HOSP. - 2/14/1997
Nora Mann Burdette entered the emergency room of Lakeshore Community Hospital ("Lakeshore") on the evening of July 15, 1993, complaining of chest pain, nausea, and pain in her arm. Her heart rate was normal, and her blood pressure was...
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