actionable claim in Alabama

2007Moreover, I believe that the per curiam opinion reads two recent decisions by our supreme court — Carlton, supra, and Continental National Indemnity Co. v. Fields, 926 So.2d 1033 (Ala.2005) — too broadly when it holds that "if an insured's cause of action against the uninsured motorist is subject to a legal bar, . . . the insured does not have an actionable claim against an uninsured motorist such that a claim may properly be made against a UM insurance carrier based upon that conduct." 982 So.2d at 510.

2007Moreover, I believe that the per curiam opinion reads two recent decisions by our supreme court — Carlton, supra, and Continental National Indemnity Co. v. Fields, 926 So.2d 1033 (Ala.2005) — too broadly when it holds that "if an insured's cause of action against the uninsured motorist is subject to a legal bar, . . . the insured does not have an actionable claim against an uninsured motorist such that a claim may properly be made against a UM insurance carrier based upon that conduct." 982 So.2d at 510.

1989As explained in Henderson v. Wade Sand Gravel Co. , 388 So.2d 900 , 902 (Ala. 1980) (quoting Restatement (Second) of Torts , § 857 (1979), pp. 256-57): " 'As between persons using the water on the underlying land, the American rule made no apportionment among users and gave no protection to their wells and springs.

1989In Busby v. Truswal Systems Corp. , 551 So.2d 322 (Ala. 1989), this Court held that a plant supervisor's persistent and calculated sexual harassment of his female employees at work presented evidence from which a jury could reasonably find the supervisor guilty of the tort of outrageous conduct.

1987See § 6-5-101; Army Aviation Center Federal Credit Union v. Poston, 460 So.2d 139 (Ala.1984); First Virginia Bankshares v. Benson, 559 F.2d 1307 (5th Cir.1977), cert. denied sub nom.

1987See § 6-5-101; Army Aviation Center Federal Credit Union v. Poston, 460 So.2d 139 (Ala.1984); First Virginia Bankshares v. Benson, 559 F.2d 1307 (5th Cir.1977), cert. denied sub nom.

1983Indeed, no information was obtained surreptitiously in Norris , 3 nor was any information gained surreptitiously in Bennett v. Norban , 396 Pa. 94 , 151 A.2d 476 (1959), cited by this Court in Norris .

1983Indeed, no information was obtained surreptitiously in Norris , 3 nor was any information gained surreptitiously in Bennett v. Norban , 396 Pa. 94 , 151 A.2d 476 (1959), cited by this Court in Norris .

1980But if the waters are drained without a reasonable need to do so, or are willfully or negligently wasted in such operation in a way and manner as that it should have been anticipated to occur, and as a proximate result the damage accrued to the surface owners so affected, including adjoining landowners, there is an actionable claim . . . . 231 Ala. 511 at 518, 165 So. 276 .

1980But if the waters are drained without a reasonable need to do so, or are willfully or negligently wasted in such operation in a way and manner as that it should have been anticipated to occur, and as a proximate result the damage accrued to the surface owners so affected, including adjoining landowners, there is an actionable claim .... 231 Ala. 511 at 518 , 165 So. 276 .

1958But if the waters are drained without a reasonable need to do so, or are willfully or negligently wasted in such operation in a way and manner as that it should have been anticipated to occur, and as a proximate result the damage accrued to the surface owners so affected, including adjoining landowners, there is an actionable claim.” See also second appeal Wilkes case, supra, 236 Ala. 173 , 181 So. 276 .

1958But if the waters are drained without a reasonable need to do so, or are willfully or negligently wasted in such operation in a way and manner as that it should have been anticipated to occur, and as a proximate result the damage accrued to the surface owners so affected, including adjoining landowners, there is an actionable claim.” See also second appeal Wilkes case, supra, 236 Ala. 173 , 181 So. 276 .