Justia Civil Procedure Opinion Summaries

State Farm Fire and Casualty Company ("State Farm"), a defendant below, petitioned the Alabama Supreme Court for a writ of mandamus to challenge Clarke Circuit Court's failure to dismiss the underlying action or to enter a judgment in its favor on the claims of the plaintiffs, Samuel Boykin, Lucretia Boykin, Reginald Berry, and Ida Berry (collectively referred to as "the respondents"). Specifically, State Farm contended respondents' claims were barred by section 27-23-2, Ala. Code 1975 ("the direct-action statute). In denying the writ, the Supreme Court found it “never recognized an exception to the general rule that would permit interlocutory review of a trial court's denial of a motion to dismiss or for a judgment on the pleadings for cases that turn on whether the plaintiff has stated a cognizable claim under the applicable law. We will not make an exception here. Accordingly, the petition is denied.” View "Ex parte State Farm Fire & Casualty Company." on Justia Law

Allstate Property and Casualty Insurance Company ("Allstate") petitioned the Alabama Supreme Court for a writ of mandamus to direct the Macon Circuit Court to grant Allstate’s request for a jury trial in a pending action there. In August 2013, a vehicle occupied by Danielle Carter was involved in an accident with a vehicle being driven by Alvin Lee Walker. Carter sued Walker, alleging negligence and wantonness in the operation of his vehicle. In the same action, Carter also sued her underinsured-motorist carrier, Allstate, seeking underinsured-motorist benefits. In her complaint, Carter demanded a jury trial. Likewise, Allstate demanded a jury in its answer to the complaint. Pursuant to Lowe v. Nationwide Insurance Co., 521 So. 2d 1309 (Ala. 1988), Allstate opted out of active participation in the litigation. Opting out under Lowe keeps the jury in a vehicle-accident action from learning that insurance coverage might be available to pay damages. As the trial date approached, Carter and Walker decided that they would rather try the case without a jury. Allstate, however, demanded a jury trial. The trial court denied Allstate's demand and set the case for a nonjury trial. The Supreme Court determined that Lowe demonstrated there was a strong policy in Alabama against tainting a jury with knowledge of the possible availability of insurance to cover a party's damages. “There is also a strong policy of preserving the right to have a jury determine the extent of a party's liability.” Accordingly, the Court held Allstate could insist that a jury determine liability and damages and, at the same time, keep its involvement from the jury pursuant to the opt-out procedure adopted in Lowe. View "Ex parte Allstate Property & Casualty Insurance Company." on Justia Law

Rose McClurg sued Birmingham Realty Company ("BRC") based on injuries she sustained when she fell in the parking lot of a shopping center owned by BRC. The circuit court entered a summary judgment in favor of BRC, and McClurg appealed. Because there was a genuine issue of material fact as to whether the hole in which McClurg stepped was an open and obvious danger, the Alabama Supreme Court reversed summary judgement. View "McClurg v. Birmingham Realty Company" on Justia Law

Dow AgroSciences LLC ("DAS"), a counterclaim defendant, petitioned the Alabama Supreme Court for a writ of mandamus challenging a circuit court’s refusal to dismiss a fraud claim filed against it by defendant Robert Ward in an action filed by Andalusia Farmers Cooperative ("AFC") against Ward. Specifically, DAS contended that Ward's fraud claim was plainly barred by the applicable statute of limitations. The Supreme Court agreed and granted the petition. View "Ex parte Dow AgroSciences LLC." on Justia Law

Zambia Player appealed two circuit court orders issued in regard to her administration of the estate of her brother, Jabari Player. Jabari died intestate in 2013, leaving as his sole heir at law his 14-year-old daughter J.C. In 2017, Zambia filed a "Petition for Letters of Administration," and, after posting a bond, she was appointed administratrix of Jabari's estate. Zambia filed an "Inventory of the Estate of Jabari Player," which showed the value of Jabari's estate to be $20,862. J.C. protested this inventory through counsel. For reasons that were not clear, a guardian ad litem was not appointed on J.C.'s behalf until four years later. For several years Zambia did nothing to close the estate or to surrender the property in the estate to J.C. Through her guardian ad litem, J.C. filed a petition to remove the estate to the Etowah Circuit Court. Following the removal of the estate, J.C. moved to compel an accounting. Zambia failed to comply with the accounting order; thereafter, J.C. moved to remove Zambia as personal representative of the estate. In response, Zambia filed a “petition for final settlement” of the estate. The circuit court still insisted on a “formal accounting.” At the hearing on J.C.’s motion to remove Zambia, Zambia appeared pro se and testified concerning her administration of the estate. Zambia essentially testified that she had relied upon her former attorney for all of her actions and that she did not mean to mismanage the estate, but Zambia essentially admitted that she had commingled estate funds and property with her personal accounts and property. The following day, the circuit court entered an order that, among other things, removed Zambia as personal representative of the estate, and it denied Zambia's petition for approval of her final accounting. The Supreme Court determined Zambia's appeal of the order removing her as personal representative of Jabari's estate was not timely; therefore that part of Zambia's appeal was not properly before the Supreme Court and was dismissed. Zambia also did not demonstrate that the circuit court erred in its order assessing damages against her for malfeasance in administering the estate. Therefore, that order was affirmed. View "Player v. J. C." on Justia Law

BBH BMC, LLC, d/b/a Brookwood Baptist Medical Center ("Brookwood") petitioned the Alabama Supreme Court for a writ of mandamus to direct the Jefferson Circuit Court to vacate its order compelling Brookwood to respond to certain interrogatories and requests for production. Donna Gaston arrived at Brookwood Baptist Medical Center ("the medical center") to participate in a voluntary psychiatric outpatient-treatment program. At approximately 8:40 a.m., Donna registered for the 9:00 a.m. outpatient group-therapy session in which she had enrolled. She then left the therapy area, accessed a parking deck on the premises of the medical center, and leaped to her death. Charles Gaston, Donna's husband, filed a wrongful-death action seeking to hold Brookwood liable for Donna's suicide. Specifically, he alleged the conduct of Brookwood's nurses and security fell below the applicable standard of care. The Supreme Court determined that although Gaston could discover information concerning those acts or omissions by those employees whose conduct was detailed specifically and factually described in the complaint as rendering Brookwood liable for Donna's death, Gaston was not entitled to discovery regarding acts or omissions by Brookwood related to other incidents. Therefore, because the requested discovery sought evidence of other acts or omissions of Brookwood and its employees beyond the alleged standard of care owed to Donna, Brookwood had shown a clear legal right to have the trial court's discovery order vacated. View "Ex parte BBH BMC, LLC, d/b/a Brookwood Baptist Medical Center." on Justia Law

William "Will" Willimon, the former bishop of the North Alabama Annual Conference, United Methodist Church, Inc. ("the Conference"), and Debra Wallace-Padgett, the current bishop, petitioned the Alabama Supreme Court for a writ of mandamus to direct the Talladega Circuit Court to grant them protective orders or, alternatively, to quash their deposition notices in an action against a former youth pastor alleging sexual abuse. Charles Terrell, one of the defendants in the underlying action, was a former youth pastor at First United Methodist Church of Sylacauga ("the Church"). The plaintiff, J.N., was a minor male congregant in the Church who filed the underlying action alleging Terrell had sexually abused him. The Supreme Court denied the petition, finding the bishops failed to demonstrate that J.N.'s requested depositions were merely a fishing expedition to discover impeachment evidence. Thus, they failed to demonstrate they had a clear legal right to a protective order or to an order quashing their deposition notices on that basis. View "Ex parte Willimon & Wallace-Padgett." on Justia Law

Plaintiff Helene Hoehn Taylor, appealed a trial court's judgment on partial findings in favor of defendant Margaret Hoehn. John Alphonse Hoehn ("Hoehn") died on or about October 17, 2014. He was survived by his wife, Margaret, and four daughters: Helene Taylor, Barbara Roberts, Ann Self, and Roman Fitzpatrick. In 2015, Helene filed a petition requesting that a will of Hoehn's that was dated June 7, 2005, be admitted to probate and that letters testamentary be issued to her. She attached to the petition an unsigned copy of a the purported will, stated that she believed that Margaret had the original signed will in her possession, and requested that the probate court enter an order requiring Margaret to produce the signed will so it could be properly probated. Margaret ultimately moved to dismiss Helene's petition, alleging Hoehn had died intestate. Helene sought to compel Margaret to produce Hoehn's executed will. In response, Margaret asserted she had been married to Hoehn for 46 1⁄2 years and that she was not aware of any will that he had executed. She moved again for Helene's petition be dismissed. Helene attempted to probate a lost will. The circuit court dismissed the daughters' attempt to intervene. At a bench trial, Roman testified she was present when her father signed the will at issue; she also produced a signed copy of a revocable trust agreement, wherein the trust would be funded by the terms of the will. An attorney who drafted the will and trust agreement also testified; his office did not have an executed copy of Hoehn's will or the trust agreement. Further, the attorney testified that "knowing what [he] knew about the family and the potential for subsequent litigation, it would have been unusual for [him] to have Roman or anybody else sitting right there" while the Hoehns signed the documents. The attorney testified Hoehn asked the attorney to revoke the power of attorney and any other writing he had made which purported to gift anything of value to Roman or Helene. Margaret moved for judgment on partial findings at the close of Helene's case. The Alabama Supreme Court affirmed judgment in favor of Margaret, finding the circuit court could have reasonably concluded that Helene did not establish that Hoehn ever properly executed the purportedly lost will, and could have reasonably concluded that, even if Hoehn had signed the will, that will had been revoked. View "Taylor v. Hoehn" on Justia Law

James Cochran, the plaintiff in an unsuccessful personal-injury action, challenged a circuit court order setting aside a $2,000,000 default judgment entered against Pilar Engelland ("Pilar") after she initially failed to respond to his complaint. In 2012, Cochran was riding his motorcycle westbound on U.S. Highway 278 in Calhoun County, Alabama when he struck a horse that had entered the road. Cochran suffered significant injuries in the accident. Cochran retained attorney James Shelnutt to pursue legal remedies against any parties responsible for the presence of the horse in the road. Cochran and Shelnutt concluded that the horse struck by Cochran had escaped from a nearby farm. The owner of the farm was ultimately identified as Pilar. Shelnutt had telephone conversations with Pilar, her son, and Jerry Coley, who was leasing the farm from Pilar at the time of Cochran's accident. It appeared that the primary purpose of those conversations was to determine whether any insurance policies existed that might provide coverage for Cochran's accident. No such policies were identified, and there was no evidence that there was any more communication between Cochran and Pilar or her son after May 2013. Cochran sued Pilar and Coley alleging their negligence had caused the 2012 accident. Cochran attempted to serve Pilar by certified mail sent to the mailing address for the farm, but the notice was returned that same month marked "return to sender, not deliverable as addressed, unable to forward." The trial court record reflected that Coley was served and that he filed an answer denying liability for Cochran's injuries. Cochran proceeded to litigate his claim against Coley for approximately the next two years until May 31, 2016, when the claim against Coley was dismissed with prejudice. The trial court entered a $2,000,000 default judgment against Pilar after Cochran served her by publication with notice of his complaint and she failed to appear and file a response. When Pilar learned of the default judgment, she successfully moved to have the judgment set aside, arguing that service by publication was not proper because she had taken no steps to avoid service of process. Concurring with the trial court judgment setting aside the $2 million judgment, the Alabama Supreme Court affirmed, finding service by publication was improper. View "Cochran v. Engelland" on Justia Law

Beekman Youngblood, M.D. ("Dr. Youngblood"), a board-certified anesthesiologist, appealed a circuit court judgment entered on a jury verdict in favor of Anthony Martin, as personal representative of the estate of Lanesha Martin. On May 25, 2006, Lanesha Martin underwent outpatient sinus surgery at Vaughan Regional Medical Center. During the surgery, Mrs. Martin was administered general anesthesia and was intubated (i.e., an endotracheal tube was inserted into her throat to help her breathe). After the surgery, Mrs. Martin developed pulmonary edema while in the post-anesthesia care unit ("the PACU") and began experiencing problems with her oxygen saturation. Mrs. Martin was subsequently reintubated and transferred to the intensive-care unit of the medical center for further treatment, but she died on May 29, 2006. On May 28, 2008, Mr. Martin, as the personal representative of Mrs. Martin's estate, commenced a wrongful- death action against Dr. Youngblood and Vaughan Regional Medical Center, Inc. ("VRMC"), the owner and operator of the medical center, which eventually settled before trial, under § 6-5-410, Ala. Code 1975. In his complaint, Mr. Martin alleged that Dr. Youngblood had failed to meet the applicable standard of care in administering anesthesia and in caring for and treating Mrs. Martin after the surgery. the Alabama Supreme Court determined Mr. Martin's expert was not qualified to testify, therefore the the trial court should have entered a JML in favor of Dr. Youngblood. Accordingly, the judgment was reversed and the case remanded for the trial court to enter a JML in favor of Dr. Youngblood. View "Youngblood v. Martin" on Justia Law