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.
Page 1 2 3 4 5 6
HARBISON v. HARBISON - 2/14/1997
This is a child support modification case.
On April 7, 1995, the trial court divorced the parties, awarding the mother custody of the parties' three minor children. The court did not order the father to pay child support, because...
LANDS v. DEKALB JACKSON RETIREMENT HOME - 2/7/1997
Brenda F. Lands appeals from a judgment notwithstanding the verdict (JNOV) entered in favor of Eloise Hancock.
In May 1994 Brenda F. Lands (employee) filed a complaint against the DeKalb Jackson Retirement Home (retirement home),...
C.H.H. v. R.H. - 12/20/1996
This case involves an adoption and the distribution of wrongful death proceeds.
H.B.H. (decedent) died intestate in October 1994, and the Probate Court of Mobile County granted letters of administration to his widow, C.H.H....
RUSSELL v. MATHIS - 12/6/1996
In this wrongful death action the plaintiff appeals from a judgment based on a jury verdict for the defendants. The plaintiff raises two issues: (1) whether the trial court erred in not allowing the plaintiff to disclose to the jury...
PITTS v. BOODY - 12/6/1996
On September 23, 1994, Lisa M. Pitts filed a complaint in the Montgomery County Circuit Court against Robert H. Boody, an uninsured motorist; Illinois National Insurance Company, Pitts's automobile insurance carrier; and the Elmer...
MALCOLM v. KING - 12/6/1996
This is a medical malpractice case involving claims for personal injury and wrongful death. Ian Malcolm, M.D., and Ian Malcolm, M.D., P.C. (hereinafter sometimes referred to collectively as "Dr. Malcolm"), appeal from a judgment...
CUSTARD INS. ADJUSTERS v. YOUNGBLOOD - 11/27/1996
On Application for Rehearing
The opinion of July 26, 1996, is withdrawn and the following opinion is substituted therefor:
The issue in this interlocutory appeal by Custard Insurance Adjusters, Inc., is whether §...
ELLEDGE v. MATHIS - 11/22/1996
This is a personal injury case.
Cathy Pendergrass and her minor son, Tracy Elledge, appeal from a summary judgment in favor of John Mathis and Annette Mathis.
Our review of the record reveals the following pertinent facts:...
HARPER v. COLEMAN - 11/22/1996
The plaintiff, Michael Harper, appeals from a summary judgment entered for the defendant in a personal injury lawsuit.
Initially, we note that in order to enter a summary judgment, the trial court must determine that there are no...
FOMBY v. POPWELL - 11/22/1996
This is a personal injury case in which the plaintiff, Sabrina Fomby, appeals from a judgment entered on a jury verdict in favor of the defendant, James Popwell.
The facts of this case are as follows: On August 6, 1994,...
TALLEY v. SONNIER - 11/22/1996
This is a medical malpractice case. Tammy Talley and her husband, Lawrence Talley, appeal from a summary judgment in favor of Dr. Marc Q. Sonnier, Dr. Robert van der Meer, and Flowers Hospital, Inc. (hereinafter "the defendants"). This...
HUTTO v. GOLD'S GYM - 11/15/1996
This is a negligence case.
Katie L. Hutto and her husband, Willard H. Hutto, appeal from a summary judgment in favor of Gold's Gym, Inc. (gym).
Our review of the record reveals the following undisputed facts: On February...
HOLMAN v. MCMULLAN TRUCKING - 11/8/1996
Spencer Wayne "Bud" Holman was employed by McMullan Trucking ("McMullan") as a truck driver. In the early morning hours of July 7, 1994, he; his nine-year-old son Spencer Blake Holman ("Blake Holman"); and a family friend, Larry...
ALFA MUT. INS. v. NATIONWIDE MUT. INS. - 11/1/1996
Alfa Mutual Insurance Company ("Alfa") and John Hall appeal from a judgment in favor of Nationwide Mutual Insurance Company ("Nationwide"), as subrogee of Friedlander Realty, Inc. ("Friedlander"). As to Alfa, we reverse the judgment of...
BENNETT v. BREWER - 9/20/1996
Austen L. Bennett III, M.D. and Cardio-Thoracic Surgeons, P.C., appeal from the denial of their motion for a new trial. On September 14, 1993, Walter D. Brewer filed an action in Jefferson County against Dr. Bennett and Cardio-Thoracic...
RAST CONST. - 9/20/1996
Ada Peters's son, Donnie Richardson, was killed while working on a Rast Construction, Inc., site in Jefferson County. As administratrix of her son's estate, Peters filed a wrongful death action against Rast, alleging that negligence,...
DOWNEY v. MOBILE INFIRMARY MEDICAL CENTER - 9/13/1996
AFFIRMED. NO OPINION.
See Rule 53(a)(1) and (a)(2)(B), Ala.R.App.P.
HOOPER, C.J., and SHORES, HOUSTON, and COOK, JJ., concur.
KENNEDY, J., dissents.
Because I believe the trial court erred in charging the jury...
RICHARDSON v. PSB ARMOR - 9/13/1996
The United States District Court for the Middle District of Alabama has certified to this Court several questions relating to the Alabama's Workers' Compensation Act, and, particularly, when it is proper under that Act for an...
EX PARTE TOYOTA MOTOR CORP. - 9/6/1996
The Court of Civil Appeals reversed a judgment based upon a jury verdict for Toyota Motor Corporation and Toyota Motor Sales, U.S.A., Inc. (hereinafter together referred to as "Toyota"), the defendants in a wrongful death case. This...
GRIFFIN v. CITY OF TALLADEGA - 9/6/1996
AFFIRMED. NO OPINION.
See Rule 53(a)(1) and (a)(2)(E), Ala.R.App.P.
HOOPER, C.J., and ALMON, HOUSTON, and COOK, JJ., concur.
SHORES, KENNEDY, and BUTTS, JJ., dissent.
I respectfully dissent, because I do not...
PFIZER - 8/30/1996
The United States Court of Appeals for the Eleventh Circuit has certified to this Court the following question, pursuant to Rule 18, Ala.R.App.P.:
"Does a heart valve implantee have a valid cause of action for fraud under Alabama...
WILSON v. HARRIS - 8/30/1996
On Application for Rehearing
The opinion of June 28, 1996, is withdrawn, and the following opinion is substituted therefor. Willie George Wilson appeals from an adverse ruling in an action for a declaratory judgment filed by...
WATERS v. ALABAMA FARMERS CO-OP. - 8/30/1996
In January 1993, O'Neal Waters (the "worker") sued Alabama Farmers Cooperative, Inc. (the "company"), for workers' compensation benefits, alleging that in October
1992 he suffered an injury to his lower back caused by...
YOUNG v. LA QUINTA INNS - 8/30/1996
In this personal injury case Gaynell H. Young sued La Quinta Inns, Inc., and its manager, Ken Gay (collectively "La Quinta"), on theories of negligence, following her fall on the premises of a La Quinta Inn located in Montgomery. Young...
MIHELIC v. SULLIVAN - 8/30/1996
This medical malpractice case involves the death of an infant, Corey Sullivan, after emergency room treatment by the defendant physician, Dr. Matthew Mihelic. At trial, the jury awarded damages of $500,000 to the plaintiffs, Corey's...
BENNICH v. KROGER CO. - 8/30/1996
On Application for Rehearing
The opinion of June 21, 1996, is withdrawn, and the following opinion is substituted therefor. On May 17, 1990, Hester Bennich slipped and fell on the premises of the Kroger grocery store in...
NORFOLK SOUTHERN R.R. v. THOMPSON - 6/28/1996
Pat Thompson, as administratrix of the estate of her husband Wayne Daniel Thompson, sued Norfolk Southern Railroad and its train engineer E.E. Haynes, alleging that negligence and/or wantonness on their part had caused the wrongful...
EX PARTE MASONITE CORP. - 6/28/1996
These petitions, all seeking extraordinary review of preliminary matters in a class action, are due to be denied. The action seeks damages based on alleged defects in exterior siding manufactured by the Masonite Corporation. Masonite's...
STEWART v. GOODYEAR TIRE AND RUBBER CO. - 6/21/1996
The plaintiff, James Donald Stewart, appeals from a judgment in a workers' compensation case. We reverse and remand.
Stewart had worked for the defendant, Goodyear Tire and Rubber Company, since 1967. In 1975, in an accident at...
RICHARDSON v. MUTUAL SAV. LIFE INS. CO. - 6/21/1996
Betty Perkins Richardson appeals from a summary judgment entered in favor of Mutual Savings Life Insurance Company (insurance company). This case is before this court pursuant to Ala. Code 1975, § 12-2-7(6).
We would note at the...
SPARKS v. ALABAMA POWER CO. - 6/21/1996
Mary Sparks, as administratrix of the estate of her husband Charles Sparks, deceased, has appealed from the trial court's denial of her motion for a new trial. That motion had followed a judgment entered on a directed verdict and a...
RICKETTS v. NORFOLK SOUTHERN RY. CO. - 6/14/1996
The plaintiff Robert Ricketts appeals from a judgment based on a directed verdict for the defendant Norfolk Southern Railway Company, in a personal injury action. We reverse and remand.
Ricketts's action is based on injuries to...
IVIE v. WINFIELD CARRAWAY HOSP. - 6/14/1996
This is a workmen's compensation case.
In April 1991, Kerry C. Ivie filed a complaint seeking workmen's compensation benefits from Winfield-Carraway Hospital (Carraway), by alleging that she was injured in March 1988, during the...
EX PARTE RELIFE - 6/7/1996
ReLife, Inc., petitions for a writ of mandamus relating to a lawsuit pending in the Perry Circuit Court. ReLife seeks a writ directing the trial court to set aside its order denying ReLife's motions to strike certain claims of the...
CANTLEY v. LORILLARD TOBACCO CO. - 6/7/1996
Mikki Cantley, as personal representative of Harlon Godfrey, deceased, filed a wrongful death action against several tobacco-related defendants, alleging that those defendants had caused Godfrey's death; Godfrey had been a smoker. The...
CONSOLIDATED STORES INC. v. GARGIS - 5/31/1996
Shelby Gargis sued Consolidated Stores, Inc., d/b/a Big Lots ("Big Lots"), alleging a retaliatory discharge under Ala. Code 1975, § 25-5-11.1. Big Lots filed, in open court, a motion for issue preclusion, requesting that Gargis be...
MCCANN v. LEE - 5/31/1996
Woodrow Wilson Lee sued Dr. Martin P. McCann, a pathologist, alleging that Dr. McCann had negligently diagnosed him with cancer; his wife, Frances Louise Lee, sued Dr. McCann for damages for loss of consortium. Mr. Lee died before...
CHAMPION INTERN. CORP. v. WILLIAMS - 5/17/1996
This appeal by Champion International Corporation (the "company") is from a trial court's judgment awarding Russell K. Williams (the "worker") permanent total disability benefits.
The worker began working for the company in 1983....
REDDY v. CHAPPELLE - 5/10/1996
The plaintiff appeals from a judgment in his favor in a personal injury case.
Venkatesh J. Reddy sued Thomas Warren Chappelle for damages based on injuries he claimed to have sustained in July 1992 when the vehicle Reddy was...
BEAULIEU OF AMERICA - 5/10/1996
Kenneth E. Kilgore sued his former employer, Beaulieu of America, Inc., alleging that his employment had been terminated in retaliation for his having filed a workmen's compensation claim. A jury returned a verdict in favor of...
BARLOW v. PIGGLY WIGGLY DIXIELAND - 5/10/1996
Clayton Barlow appeals from a summary judgment entered in favor of Piggly Wiggly Dixieland, Inc. Our supreme court transferred the appeal to this court pursuant to § 12-2-7(6), Ala. Code 1975. We reverse and remand. ...
SHAW v. CANNON SLINE - 5/3/1996
John Shaw (employee) filed a complaint, seeking workers' compensation benefits for an injury that he sustained on March 3, 1993, in the course of his employment with Cannon Sline, Inc. (employer).
After a hearing the trial court...
LOWERY v. MOUNTAIN TOP INDOOR FLEA MKT. - 5/3/1996
Robbie Ann Lowery appeals a summary judgment entered in favor of Mountain Top Indoor Flea Market, Inc. (flea market), and Melton Terrell. Terrell is the president and sole shareholder of the flea market and the owner of the premises...
BROWN v. WHITAKER CONTRACTING CORP. - 5/3/1996
Hobson L. Brown, Williams Oil Co., Inc., and Federated Insurance Company (hereinafter collectively referred to as plaintiffs) appeal from the trial court's order granting Whitaker Contracting Corporation's (Whitaker) summary judgment...
EX PARTE TRINITY INDUSTRIES - 5/3/1996
This case presents a question regarding the proper test for determining causation in workers' compensation cases and a question regarding the proper standard for reviewing workers' compensation cases.
On September 2,...
UNIROYAL GOODRICH TIRE CO. v. HALL - 5/3/1996
Uniroyal Goodrich Tire Company appeals from a judgment awarding Jackie Darryl Hall $1,025,000 in compensatory damages on Hall's claim that he was injured as a result of an explosive rupture of a tire manufactured by B.F. Goodrich...
MOTION INDUSTRIES - 3/15/1996
Motion Industries, Inc. ("Motion"), appeals a judgment based on a jury verdict in favor of Robert Theron Pate on his complaint alleging a retaliatory discharge. See § 25-5-11.1, Ala. Code 1975. The jury awarded $40,000 in compensatory...
BARRON v. CNA INS. CO. - 3/15/1996
Facts
These actions arose under § 25-5-11, Ala. Code 1975. The plaintiffs claimed damages for injuries they claimed to have suffered from an alleged exposure to asbestos during their employment. The plaintiffs, Joseph Barron and...
JENNINGS v. CITY OF HUNTSVILLE - 3/15/1996
Mike Jennings appeals from the dismissal of his action against the City of Huntsville; Steve Hettinger, mayor of the City of Huntsville; and Richard Lyles, assistant to the mayor. We affirm.
In September 1993, Jennings was...
PONDER v. BEVERLY HEALTH CARE CTR. WEST - 3/15/1996
June W. Ponder, as administratrix of the estate of Ruth Hawkins, deceased, filed a wrongful death complaint against Beverly Health Care Center West (nursing home).
The complaint alleged the following: Ruth Hawkins, a resident of...
NORFOLK SOUTHERN RY. CO. INC. v. GIDEON - 3/8/1996
Gloria Gideon and Bobby Gideon sued Norfolk Southern Railway Company for the wrongful death of their son, Jamal Gideon. A jury awarded the Gideons punitive damages in the amount of $500,000. The trial court overruled Norfolk Southern's...
HAWKINS v. CARROLL - 3/8/1996
Susan Hawkins sued Dr. Richard Carroll, along with Gayle Skinner and Margie Jones, who worked in Dr. Carroll's office, alleging, among other things, that Dr. Carroll had breached the standard of care owed to her while she was under his...
HANEY v. UNION FOUNDRY CO. - 3/1/1996
In September 1993, Eddie Haney filed a complaint, seeking workmen's compensation benefits, alleging that he was permanently disabled because of a lower back injury that he had sustained while working in the line and scope of his...
CHOAT v. KAWASAKI MOTORS CORP. - 2/23/1996
On Application for Rehearing
The opinion of May 27, 1994, is withdrawn and the following is substituted therefor.
Thomasine Choat appeals from an adverse summary judgment in her action seeking damages for the alleged...
ASAM v. ALABAMA STATE BAR - 2/23/1996
ON APPLICATION FOR REHEARING
The unpublished memorandum of November 3, 1995, is withdrawn and the following opinion is substituted therefor.
Julia McCain Lampkin Asam appeals from an order of the Alabama State Bar in a...
FORD v. STINSON - 2/23/1996
In August 1994 AmSouth Bank of Alabama (AmSouth) filed a complaint, seeking a declaratory judgment and interpleader and injunctive relief. The complaint also named Jesse F. Ford, Sr., and Jean S. Stinson as defendants. The essence of...
EX PARTE PRUDENTIAL INS. CO. OF AMERICA - 2/9/1996
The defendants, Elaine Katz and The Prudential Insurance Company of America, petition this Court for a writ of mandamus directing Judge Eddie Hardaway, Jr., of the Greene Circuit Court to transfer Jimmy Wall's action against them to...
EX PARTE GAUNTT - 2/9/1996
On Application for Rehearing
The opinion issued on July 14, 1995, is withdrawn and the following opinion is substituted therefor.
A judge of the Macon Circuit Court has ordered that 16 pending civil actions filed in...
JACKSON v. COMPTRONIX CORP. - 2/2/1996
Denise Wilson Jackson appeals from a judgment denying her workmen's compensation benefits for an injury she sustained at Comptronix Corporation on July 9, 1991.
In 1982, when she was 14 years old, Jackson was seriously injured...
MONTANEZ v. QUESTCARE - 2/2/1996
In September 1994, Honorio Montanez, a/k/a Samuel Montanez, sued QuestCare, Inc., Dr. Harold Q. Wilson, and Charles E. Jones, the warden of Holman Prison. Montanez alleged that the defendants had violated his civil rights by providing...
AMF BOWLING CENTERS - 11/17/1995
This appeal arises from a personal injury case in which the trial court refused, on the basis of inadequacy of damages, to accept the original verdict rendered by the jury in favor of the plaintiff, and gave the jury a supplemental...
JIM BURKE AUTOMOTIVE - 9/29/1995
The defendant, Jim Burke Automotive, Inc. ("Jim Burke"), sold a used automobile to the plaintiff, Detrecia Beavers, and, as agent of an insurer, also sold her a credit disability policy. Jim Burke appeals from the denial of a motion to...
SMITH v. SCHULTE - 8/18/1995
Woodrow Smith, as administrator of his deceased wife's estate, appeals from a judgment reducing to $1,276,873 a jury's $4,500,000 punitive damages award in his wrongful
death action against William J. Schulte, M.D., and...
Page 1 2 3 4 5 6
|
|