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   DTState Laws 2014 July 31, 2014     


Alabama
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Statutes

Cases
BAXTER ETHRIDGE,Plaintiff, v. STATE OF ALABAMA, et al., Defendants. CIVILACTION NO. 93-T-754-S UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICTOF ALABAMA, SOUTHERN  DIVISION  August 8, 1994, Decided August 8, 1994, Filed

BILLINGSLEY v. LABCORP, INC., CASE NO. 2:05-cv-157-WKW (WO) (MD AL 9/05/06)
Keywords: Drug test was, under these circumstances, a medical exam.

CALVIN GROOMS, Plaintiff, v. WIREGRASS ELECTRIC COOPERATIVE, INC., and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2152, Defendants. CV-94-D-836-S UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION February 17, 1995, Decided

CARTER v. TOBY BOWMAN, COMMUNICATION SERVICE, INC., No. 05-11536 Non-Argument Calendar (11th Cir. 12/09/05)
Keywords: Carter was struck by lightning while working for CSI. He immediately reported the accident to CSI and was taken to an occupational health clinic. At the clinic, he was told he needed to take a drug test pursuant to CSI's substance abuse policy. Carter was informed that if he failed to submit to a drug test, he would jeopardize his employment. Carter left the clinic without taking a drug test and went to an emergency room instead. Carter never took a drug test at the emergency room, nor was he was treated at the emergency room. His termination was upheld.

Charles Ross v. Ellard Construction Company, Inc.,2940288 COURT OF CIVIL APPEALS OF ALABAMA April 5, 1996, Released
Keywords: The Court concluded as follows: "We do not interpret "conclusive presumption of impairment" to mean that a worker is automatically precluded from receiving compensation benefits after failing a DOT drug test. We interpret that phrase to mean that a worker who tests positive for drug use pursuant to the DOT test is conclusively presumed to have been under the influence of drugs when the accident occurred. As a result, the worker cannot present evidence to contradict the results of the DOT drug test. We conclude that the "conclusive presumption" phrase does not apply to the issue of causation. The words "conclusive presumption" modify "impairment," and "impairment" in the paragraph at issue clearly means that the worker is under the influence of illegal drugs and does not refer to, or eliminate, the issue of the cause of the accident.'"

COLLINS SIGNS, INC. v. SMITH, 833 So.2d 636 (Ala.Civ.App. 11/30/2001)
Keywords: The only issue on appeal is whether Smith was impaired by illegal drugs at the time of the accident so to preclude recovery of workers' compensation benefits. See 25-5-51, Ala. Code 1975. In its judgment, the trial court held: "Based on the evidence, this Court finds that marijuana being in Mr. Smith's system was a contributing cause to this accident but not the sole cause or proximate cause of said accident. The Court further finds that the K-Mart sign was not properly mounted and not properly handled by Mr. Smith when he attempted to move the sign and these reasons were the proximate cause of the accident." REVERSED. The Trial Court erred 1. the trial court's reference to "contributing cause" is incorrect, 2. the trial judge appears to equate proximate cause with sole cause. The Appellate Court concluded: ". . . it is clear from reviewing the record and the final judgment that had Smith not been impaired by illegal drug use, he probably would not have been injured."

Daniel Miller v. Alabama Department of Corrections, AV92000669 COURT OF CIVIL APPEALS OF ALABAMA

Driver Charles E v.State No.CR-89-1282 Court of Criminal Appeals of Alabama

Dudley Latham v. McInnis Corporation; McInnis Corporation v. Dudley Latham 2951245 COURT OF CIVIL APPEALS OF ALABAMA April 11, 1997, RELEASED

Edward Green Jr. v. American Cast Iron Pipe Company No. 82-763 Supreme Court of Alabama January 20 1984

FRED HOBSON V. AMERICAN CAST IRON PIPE COMPANY 1951243 SUPREMECOURT OF ALABAMA  February 14, 1997, Released

GEORGE L. SADLER, Plaintiff, v. SOUTHWEST ALABAMA MENTAL HEALTH / MENTAL RETARDATION BOARD, INC., Defendant. CIVIL ACTION NO. 96--0756-CB-M UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA, SOUTHERN DIVISION  June 19, 1997, Decided

Gregory Gordon MOORE Plaintiff  v. The STUDENT AFFAIRS COMMITTEE OF TROY STATE UNIVERSITY Annette Gibbs Chairman R. W. Williford Laureson Forrester Sandra Martin Martha Wingard James Frank O'Neal and Maurice McCord all as members of the said committee and all of Troy State University Troy Alabama Troy State University Ralph W. Adams President of Troy State University Troy Alabama and Troy State College Board of Trustees Defendants Civ. A. No. 2670-N UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION May 14 1968

Hoffman-La Roche, Inc. v. Hugh Campbell No. 85-123 Supreme Court of Alabama July 10, 1987, Filed

Hollis Eugene Gothard  v. State No. 6 Div. 191Court of Criminal Appeals of Alabama March 20 1984

In the matter of F.W. and C.W. (Re: D.N. v. T.B., J.B., and F.H.), 2940442, 2940523 COURT OF CIVIL APPEALS OF ALABAMA February 9, 1996, RELEASED

J. Glenn Singleton Plaintiff  v. Searail Industries Inc. et al. Defendants Civil Action No. 87-0123-AH UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION December 4 1987 Decided

Jerre CHATOM  v. STATE No. 1 Div. 688 Court of Criminal Appeals of Alabama October 26 1976

Kathy Marie Trusty v. Steve Allen Newton, 2941302 COURT OF CIVIL APPEALS  OF ALABAMA May 31, 1996, RELEASED

Larry L. HORNE v. William B. PATTON SC 409 Supreme Court of Alabama

M. C. ENGLISH, PLAINTIFF, VS. TALLADEGA COUNTY BOARD OF EDUCATION; LANCE GRISSET, ETC., DR. HOWARD STRICKLER, ETC., EDPM, INC., ETC., JIMMY HAYES, ETC., DEFENDANTS. CV95-H-1317-S UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OFALABAMA, SOUTHERN DIVISION September 3, 1996, Decided

Motion Industries, Inc. v. Robert Theron Pate 1940250SUPREME COURT OF ALABAMA  March 15, 1996, RELEASED

Parker Hannifin Company v. Harrell (No. 2991102 (Ala.Civ.App. 04/20/2001)

Reginald Toney  v. State No. CR-89-987 Court of Criminal Appeals of Alabama November 16, 1990

Richard G. GAIONI Michal Norton Jerry Schiver all Individually and as representatives of the class Plaintiffs  G. GAIONI Michal Norton Jerry Schiver all Individually and as representatives of the class Plaintiffs  v. Emory FOLMAR Individually and in his capacity as Mayor of the City of Montgomery Alabama Alvan Gillem Individually and as Public Safety Director of the City of Montgomery Alabama Charles Swindall Individually and as Chief of Police for the City of Montgomery Alabama Defendants Civ. A. No. 78-1-N UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION May 9 1978

Rodney Works  v. State No.CR-89-1281 Court of Criminal Appeals of Alabama February 1 1991

Shannon Logan v. Personnel Board of  Jefferson County, AV93000655 COURT OF CIVIL APPEALS OF ALABAMA January 6, 1995, RELEASED

State of Alabama Personnel Board and James Hurst  v.  State Department of Mental Health and Mental Retardation 2950650 COURT OF CIVIL APPEALS OF ALABAMA December 13, 1996, RELEASED

Timothy Jones and the Director of the State Department of Industrial Relations v. Brown and Root Corporate Services, 2910365 COURT OF CIVIL APPEALS OF ALABAMA

Walter J. O'Dazier, Jr. v. U. S. Steel, Fairfield Works, AV93000298 COURT OF CIVIL APPEALS OF ALABAMA

WILLIAM G. MARSHALL, JR., Plaintiff, v EDWARD PLANZ,et al., Defendants. CIVIL ACTION NO. 97 -T-793-SUNITED STATES  DISTRICT  COURT  FOR  THE  MIDDLE DISTRICT  OF ALABAMA, SOUTHERN  DIVISION  July  8,1998, Decided

William Wood  v. State Personnel Board and State Department of Corrections  2951407 COURT OF CIVIL APPEALS OF ALABAMA  June 6, 1997, RELEASED

Willie F. Chaney Jr. Plaintiff-Appellant  v. Southern Railway Company Defendant -Appellee No. 87-7436 UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT June 16 1988

Winfield Cunningham v. Debra Cunningham, AV93000082 COURT OF CIVIL APPEALS OF ALABAMA February 18, 1994, Released


Employer Notes


Notice:
Information provided is in the nature of general research. DTState Laws 2014, is not in the business of providing legal or medical advice. To resolve specific problems, you are urged to find and obtain the counsel of appropriate legal or medical professionals.

If you are using the DTState Laws 2014 CD-ROM version, be sure to check the web version for the latest and/or newly found information.





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