Cases
Ghee v. USAble Mut. Ins., __ So.3d __, 2023 WL 2720996 (Ala. Mar. 31, 2023) (approving potential liability of a health insurer
holding that the claims were not barred by the federal ERISA statute because the insurer acted like a healthcare provider
caused a death)
Ex parte Huntsville Emer. Med. Servs., 372 So.3d 538 (Ala. 2022) (approving ability of plaintiffs to discover prior bad acts of impaired ambulance driver whose reckless driving caused a death of patient, who was a passenger in the ambulance)
James River Ins. v. Ultratec Special Effects Inc., 22 F.4th 1246 (11th Cir. 2022) (affirming district court decision upholding separation of insured clauses in liability insurance contract
requiring liability insurer to provide a legal defense
indemnity for parent corporation whose wrongful conduct caused an explosion that caused two deaths
serious burn injuries to a third worker)
Ex parte Pinkard, 373 So.3d 192 (Ala. 2022) (overruling prior bad precedent
clarifying that government employees who cause injury or death can be held liable if they do not use governmental discretion, violate clear laws or rules,
/or act willfully, maliciously, in bad faith, or through fraud)
Ex parte Russell, 314 So.3d 192 (Ala. 2020) (approving suits against healthcare providers who caused a death after the expiration of the statute of limitations when their employers
co-workers failed to disclose their identities within the statute of limitations)
Resurrection of Life Inc. v. Dailey, 311 So.3d 748 (Ala. 2020) (affirming multi-million-dollar jury verdict for severe injuries to child
rejecting the wrongdoing defendants’ contentions that the jury was biased)
Williams v. Aguirre, 965 F.3d 1147 (11th Cir. 2020) (affirming potential liability of police officers who maliciously prosecuted citizen on the charges of attempted murder
rejecting the “any crime” rule, which would provide immunity to officers from false-arrest claims if there was probable cause to arrest the suspect for some crime (even a minor crime), even if it was not the crime the officer thought had occurred)
Ex parte Ultratec Special Effects Inc., 296 So.3d 801 (Ala. 2019) (approving of potential liability of parent company of employer for explosion deaths of two workers
rejecting the argument that the claims were barred by the workers’ compensation act)
Ghee v. USAble Mut. Ins., 291 So.3d 465 (Ala. 2019) (reversing circuit judge who failed to allow a timely amendment to a complaint)
Foster v. Maloney, 785 Fed. App’x 810, 812 (11th Cir. 2019) (affirming potential liability of jailers under federal law for severe injuries to inmate when the jailers observed inmate having strokes
seizures for days but did nothing)
Jackson v. Wal-Mart Stores, 753 Fed. App’x 866 (11th Cir. 2018) (reversing district judge’s dismissal of severe burn injury case
held the complaint was specific enough to plead a product liability claim against Walmart)
HealthSouth Rehab. Hosp. v. Honts, 276 So. 3d 185 (Ala. 2018) (affirming liability of rehabilitation hospital based solely on circumstantial evidence that its employees overmedicated elderly lady
caused her death
then tried to cover it up)
Cooley v. HMR of Alabama Inc., 747 Fed. App’x 805 (11th Cir. 2018) (reversing district judge’s dismissal of fair wage case under federal law brought on behalf of employees of nursing home)
Hutchinson v. State, 66 So.3d 220 (Ala. 2010) (overruling circuit judge’s failure to provide full payment of legal fees to lawyer appointed to defend capital murder suspect for allegedly killing a newborn when lawyer’s work proved to a scientific certainty that no baby existed,
no death occurred)
Banks v. State, 845 So.2d 9 (Ala. Crim. App. 2002) (overruling circuit judge’s failure to allow criminal defendant to withdraw guilty plea for allegedly killing a newborn when evidence proved to a scientific certainty that no baby existed,
no death occurred).
