The Supreme Court of Alabama has reaffirmed its adherence to procedural rules, imposing them equally on litigants with and without counsel. This case involved S.B., the mother of a child in preschool, who sued the church that ran the preschool. The mother alleged that her child had been assaulted by another child while in the […]
ALABAMA – Civil Procedure – Transfer of Venue
The Supreme Court of Alabama has reviewed the propriety of a transfer in a bad faith failure to defend case. In this case, Harrison borrowed a car from Hobson, and drove it with two of Hobson’s grandchildren in the car. While Harrison was operating the vehicle, he was involved in a wreck, in which one […]
Florida – Uninsured Motorist Coverage Not Provided to Plaintiff Injured in Mobile Gym
The trial court granted summary judgment in favor of Geico against the plaintiff. Plaintiff Natalie Deutsch trained for several years with Garrett Nordell. Nordell owned and operated Mobile Fitness Centers of America out of the back of an Isuzu truck. Nordell would drive to a client’s location and conduct workouts in the back of the […]
Florida – Appellate Court Holds There Was an Acceptance to a Settlement Offer
Matthew Martin suffered serious injuries from a car accident with Raymond Consul that left him in a vegetative state. Martin was a passenger in Consul’s car. The accident occurred on September 20, 2010. Consul had a policy of insurance with Geico that provided $10,000.00 in bodily injury coverage. In August 2011 Geico, believing Martin’s father […]
MISSISSIPPI – Alienation of Affection – Personal Jurisdiction
On December 5, 2019, the Mississippi Supreme Court, en banc, affirmed the DeSoto County Circuit Court’s dismissal of Douglas Michael Long Jr.’s Complaint against Pennsylvania resident David J. Vitkauskas for alienation of affections. Vitkauskas moved the court to dismiss for lack of personal jurisdiction. The court agreed the out-of-state defendant lacked minimum contacts to the […]
Mobile County Jury Vindicates Another Alabama Roadbuilder
Danny Collier and Regina Cash of Luther Collier Hodges & Cash, LLP won a defense verdict from a Mobile County jury after a three-day trial on October 9, 2019. On August 30, 2016, the firm’s client, Mobile Asphalt Company, LLC, had a nighttime paving project on I-10 East with dump trucks coming and going from […]
Alabama – Statutory Interpretation – Cooperative Payouts
The Supreme Court has reviewed the standards surrounding spoliation of evidence in the context of a products liability action. Recherche, LLC, a member of an electrical cooperative called the Baldwin County Electric Membership Corporation, sued the cooperative for failure to assign certain excess revenues to its members in accordance with Ala. Code § 37-6-20. The […]
Alabama – Due Process – Hearings for Deannexation Petitions
The Supreme Court of Alabama has affirmed the dismissal of a homeowners’ association’s complaint against the city of Pelham for its refusal to hear its petition to be deannexed from the city’s municipal limits. Members of the homeowners’ association, called Courtyard Manor, said that the city had agreed to hear their petition, but then had […]
Florida – Appellate Court Reverses Summary Judgment Finding There Was Not a Settlement
The Basners were involved in an accident with a vehicle owned by Jason and Dara Bergdoll and driven by their son Brett. The Berdoll’s insurer tendered the policy limits and mailed a settlement check with a draft release to include all three of the Bergdolls. The Basners were instructed that all three Bergdolls were insureds […]
Florida – Appellate Court Upholds Questioning Treating Physician on Potential Bias
Plaintiff slipped and fell at a Winn-Dixie store and brought suit alleging one count of premises liability. The jury found the Plaintiff and Winn-Dixie each 50% negligent and awarded Plaintiff $231,435.13 in damages. On appeal Plaintiff raised five claims of error to include: 1) improper comments by Defendant in opening and closing; 2) improper admission […]