Legal Opinion

Tatum v. Schering Corp.

Supreme Court of Alabama

Decided March 18, 1988No. 86-536-CERPublishedCited by 73 opinions

1Opinion of the Court

The United States District Court for the Middle District of Alabama has certified these questions:

"1. Given that only punitive damages are recoverable in an Alabama wrongful death suit and that punitive damages are not apportionable among defendants according to fault, or for any other reason, and that the decedent's personal representative has already been paid for alleged wrongful acts of other defendants which resulted in the death of plaintiff's decedent, what is the effect of pro tanto settlements by two defendants on the trial of the third remaining defendant who is also charged with…

Also in this document: Concurring in part, dissenting in part.

2Cases cited14 opinions

  1. Black Belt Wood Co., Inc. v. SessionsSupreme Court of Alabama · 1987
  2. City of Tuscaloosa v. FairSupreme Court of Alabama · 1936
  3. Richmond & Danville Railroad v. FreemanSupreme Court of Alabama · 1892
  4. Steenhuis v. HollandSupreme Court of Alabama · 1927
  5. Breed v. Atlanta, B. C. R. Co.Supreme Court of Alabama · 1941

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

3Cited by73 opinions

  1. Owens-Corning Fiberglas Corp. v. MaloneTexas Supreme Court · 1998
  2. Burgess v. PorterfieldWest Virginia Supreme Court · 1996
  3. Moore v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1991
  4. Central Alabama Elec. Co-Op. v. TapleySupreme Court of Alabama · 1989
  5. Hiltgen v. SumrallCourt of Appeals for the Fifth Circuit · 1995

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API