Valerie A. Taylor n/k/a Valerie Backus v. Lindsey V. Wheeler n/k/a Lindsey Woodard: An Alabama jury’s defense verdict will not be interrupted even when the evidence that a sudden emergency caused an accident is scant and conflicted. On the evening of December 6, 2007, a vehicle being driven by Valerie Taylor/Backus rear-ended a vehicle being driven by Lindsey Wheeler/Woodard. Almost two years later, Lindsey sued Valerie, alleging claims of negligent and wanton conduct. Valerie raised the affirmative defense of sudden emergency. Sudden Emergency Standard Under Alabama law, if a person, without fault of her own, is faced with a sudden emergency,...
Deborah Barker, et al. v. Joe N. Bennett – A prescriptive easement is properly asserted when the easement holder shows adverse use, a claim of right, exclusivity, and knowledge of the owner.
Steve Evans v. W.G. Waldrop – A landlord has not acted unreasonably by refusing to allow the sublease of a commercial property based on the objections of other tenants to the nature of the proposed occupancy.
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.
Kennamer Bros., Inc. v. Ronney Stewart – TTD benefits are owed when an employee produces substantial evidence showing that his on-the-job accident caused his injury, and the amount to be paid is the state average weekly wage at the time of the injury.
Ex parte Dr. Barbara Johnson – When a minor child is not a party to a custody dispute, his psychiatric records are privileged and not subject to an exception.
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.
Carrie Crews v. Grace Jackson – When a judgment creditor has failed to contest a claim of exemptions, a court has no discretion to determine whether to dismiss a garnishment proceeding or to modify a writ of garnishment.
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.
Where a landowner has self-created a hardship pertaining to zoning ordinances, this hardship cannot serve as the basis for seeking a variance.