• Home
  • Blog
  • Lawyerpreneur Podcast
  • Contact
  • What I’m Doing Now
Jeremy W. RichterJeremy W. Richter
Jeremy W. RichterJeremy W. Richter
  • Home
  • Blog
  • Lawyerpreneur Podcast
  • Contact
  • What I’m Doing Now

[Appearance] Parsing Pell to Provide Context

[Appearance] Parsing Pell to Provide Context

October 22, 2015 Posted by Jeremy W. Richter Transportation

My recent article “Parsing Pell to Provide Context: What Constitutes an Unusual Obstacle or Obstruction?”, can be found in the Fall 2015 edition of the Alabama Defense Lawyers Association Journal. I have provided an excerpt below, but the full article can be accessed at the Alabama Defense Lawyers Association website, here.

In a matter of first impression, the Alabama Court of Civil Appeals held in Pell v. Tidwell that a signaling motorist could not be held liable for the negligent actions of another motorist who fails to independently ensure that it is safe to cross an intersection, especially under normal driving conditions. The court described normal driving conditions as those under which there are “no unusual obstructions or conditions.” Pell is limited in its practical application in that its definition of “normal driving conditions” has no context or precedent under either statute or case law in Alabama.

…

The Alabama Court of Civil Appeals, in adopting the minority view in Pell, held that a signaling motorist could not be held liable for the negligent actions of another motorist who fails to independently ensure that it is safe to cross an intersection, especially under normal driving conditions, “because a driver cannot delegate his or her responsibility for ensuring that it is safe to proceed across an intersection…. [T]he signaling motorist’s conduct constitutes a courtesy to the signaled motorist, but it does not relieve the signaled motorist of his or her own duty to ensure that it is safe to proceed.” More specifically, “a motorist’s hand signal to another motorist to proceed does not absolve the signaled motorist of his or her duty under Alabama law to ensure that it is safe to travel across an intersection and to yield to oncoming traffic. This is especially true when…there are no unusual obstacles or obstructions.”

What the Court of Civil Appeals has left unclear, and what is not elsewhere defined or described in Alabama law, is what circumstances would be considered “unusual obstacles or obstructions” that constitute abnormal driving conditions. While Alabama has not distinguished the expected obstacles or obstructions that would qualify as “normal driving conditions,” as compared to the unusual or unexpected obstacles or obstructions that are not normal, other states have to some degree dealt with these distinctions and can provide some guidance.

Do your best work. Be your best self.

Get the first three chapters of Level Up Your Law Practice so you can have a successful and sustainable law practice that meets your needs through self-assessment, having a vision for yourself and your practice, and client relationships that are built on trust.

Thank you for subscribing.
Something went wrong.

I will never give away, trade or sell your email address. You can unsubscribe at any time.

Share this:

  • Click to share on Twitter (Opens in new window)
  • Click to share on Facebook (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)

Related

You also might be interested in

Damages When a 3rd Party Purchases Medical Debt

Damages When a 3rd Party Purchases Medical Debt

Sep 8, 2016

Larry Magrinat v. Myra Maddox - When a third party purchases a debt owed to a medical provider, the proper measure of damages is the full amount owed by the plaintiff.

When Do Mileage Expenses Begin to Accrue?
Photo by miguelb. https://www.flickr.com/photos/mig/215734195/in/photolist-k4Gg6-62S7AY-bSzC86-6zp2rJ-Az4KJj-pp4fTG-3rspF-4ixT6n-egTTak-6AqmhE-6yDTdw-p7Ar25-avuPd5-cs4Rn-YQY6-nkbEUK-iPadRQ-xPW9-dQAtpV-fCtqJh-4TUbH2-2pmDk-eM9U-9KHsS5-dVj7be-7pZ9Tz-2ZK4kW-3ptFZ-egTTcg-ch9kVS-2pYe6i-4Lm8mx-9qAWNB-qT1Xrr-a17Wig-duovRi-PUDfZ-a17Wen-4tGJ69-EHs7b-4P2LeB-47uVkU-3xJst-6bgbCA-f3vzCT-kzY1J-6hrPSk-244bFA-z7wxV-9678Q6

When Do Mileage Expenses Begin to Accrue?

Oct 6, 2016

Tracy Page v. Southern Care, Inc. - Where an employer is liable to pay mileage expenses under the Alabama Workers' Compensation Act, the mileage costs to and from medical providers should be measured from the employee's home.

Claims Alleged after Filing of a Summary Judgment Motion
Photo by Thomas Hawk. https://www.flickr.com/photos/thomashawk/2438874142/in/photolist-4HvSjb-cBv1vJ-5VzFnf-5hm6jT-5hqqFm-5hm6ok-dpbqif-cBv4L3-6KMv5P-d4xeKb-dm2CxF-4QEtSK-e6nei2-5XkmD1-dte32V-9UYWtY-6Jk3sG-6BdCcX-5rm6iu-6BhT7w-6tos7m-6BhRC3-dAyKzm-4nVkJ7-5XkmzG-5rgJLB-6BhRBY-6BhRCb-6BhT7q-6BdCd2-6BdCcK-pvLZas-6BhRC7-bh26VF-6BhRC9-6BdCcZ-6BhRCd-6BdCd4-6BhT7s-dFU1j4-4Uinas-hEizL3-5SJMcP-4Vnyyi-6Jh2SB-6Jg2eT-5awChr-5Ssrkq-87NYUz-9DSLqh

Claims Alleged after Filing of a Summary Judgment Motion

Sep 26, 2016

McCullough v. Allstate Property and Casualty Insurance Company - When a motion for summary judgment is not amended to address claims alleged after filing of the summary judgment motion, a ruling granting summary judgment is a non-final judgment.

Being a lawyer doesn’t mean doing business as usual.

Recent Posts

  • Inspiration Strikes at the Oddest Times
  • Quitting One Thing to Make Room for Another (Lawyerpreneur’s Finale)
  • From High-Rise Buildings to High-Stakes Thrillers with Bonnie Kistler
  • Mental Health among Lawyers with Suzan Hixon
  • Coaching Lawyers in Career Crisis with Annie Little

Search the Blog

Contact Me

Send me an email and I'll get back to you.

Send Message
Doing your best work. Be your best self. Let me help you get there with my new book "Level Up Your Law Practice"

© 2025 · Richter Holdings, LLC

  • Home
  • Blog
  • Lawyerpreneur Podcast
  • Contact
  • What I’m Doing Now
Prev Next