11 results for 'judge:"Sellers"'.
J. Sellers finds the lower court properly granted an assistant district attorney's motion to dismiss claims of prosecutorial misconduct by an inmate who received a mistrial on a conviction of sexually assaulting a child but was convicted after a retrial. The relevant statute does not allow a prisoner to "use a rule of civil procedure to collaterally attack a criminal judgment." Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: May 3, 2024, Case #: SC-2023-0945, Categories: Negligence, Due Process, Jurisdiction
J. Seller finds the lower court correctly ruled when denying a citizen's open records request for immediate access to settlement agreements between the city and carpet/chemical manufacturers regarding pollution of the municipality’s water with PFAS, i.e. “forever chemicals.” There is currently bidding regarding a new water-treatment facility, so it is not in the public's best interest to disclose the settlements before the completion of the competitive-bid process. Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: February 23, 2024, Case #: SC-2023-0530, Categories: Public Record, Water, Business Practices
[Consolidated.] J. Sellers finds that the lower court properly ruled that a casino cannot be held liable for stating the bad weather would be manageable when a bus crashed due to severe weather, killing a passenger and injuring others on board. The evidence does not show the casino had a duty to provide "accurate" weather information to the person who chartered the bus. Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: February 16, 2024, Case #: SC-2023-0520, Categories: Transportation, Negligence, Wrongful Death
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J. Sellers grants a hospital immunity under the Alabama COVID-19 Immunity Act against negligence claims filed by a patient who fell leaving a designated exit for patients receiving monoclonal antibody therapy for COVID-19. The hospital is entitled to immunity based on the language of the statute. Vacated.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: January 26, 2024, Case #: SC-2023-0395, Categories: Immunity, Negligence, Covid-19
[Consolidated.] J. Sellers finds the lower court properly ruled in granting a right-of-way to a landowner to access their house in a landlocked area despite protest from an adjacent property owner. The landowner "established the existence of a prescriptive easement" to access her property for recreational and agricultural purposes. Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: September 15, 2023, Case #: SC20230198, Categories: Property, Real Estate, Business Practices