Legal Opinion

State Farm Fire & Casualty Co. v. Smith

Court of Civil Appeals of Alabama

Decided December 11, 2009No. 2081054PublishedCited by 5 opinions

1Opinion of the Court

BRYAN, Judge.

State Farm Fire & Casualty Company (“State Farm”), as subrogee of its insured, JC Propeller Service (“JC Propeller”), and JC Propeller appeal from the dismissal of their action against Aretha Smith. We reverse and remand.

On December 29, 2008, State Farm and JC Propeller sued Smith, alleging that Smith had negligently caused an automobile to collide with a building owned by JC Propeller. On February 6, 2009, Smith filed a motion to dismiss, asserting insufficient service of process. That motion asserted that the summons and complaint had been left outside Smith’s house by the…

2Cases cited16 opinions

  1. Henderson v. United StatesSupreme Court of the United States · 1996
  2. O'ROuRke Bros. Inc., an Iowa Corporation, and Jeff O'ROuRke v. Nesbitt Burns, Inc., a Canadian Corporation, Andreas F. Kiedrowski, and John C. DunnCourt of Appeals for the Seventh Circuit · 2000
  3. Selby v. MoneySupreme Court of Alabama · 1981
  4. James Powell, Jr. v. Donald StarwaltCourt of Appeals for the Seventh Circuit · 1989
  5. Burdeshaw v. WhiteSupreme Court of Alabama · 1991

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Cornett v. CarrSupreme Court of Oklahoma · 2013
  2. ENT Associates of Alabama, P.A. v. HokeSupreme Court of Alabama · 2016
  3. Shawn Richard O'Hara v. City of Hattiesburg, MississippiCourt of Appeals of Mississippi · 2017
  4. Voltz v. DyessSupreme Court of Alabama · 2014
  5. Nicholas Hoffman v. City of Birmingham Retirement and Relief System and the Board of Managers of the City of Birmingham Retirement and Relief System (Appeal from Jefferson Circuit Court: CV-23-900802).Supreme Court of Alabama · 2024

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