MILLER AND MILLER CONST. CO. v. Madewell

Court of Civil Appeals of Alabama

MILLER AND MILLER CONST. CO. v. Madewell

736 So. 2d 1107, 1999 Ala. Civ. App. LEXIS 328, 1999 WL 305033

CourtCourt of Civil Appeals of Alabama

DecidedMay 14, 1999

Docket2970084

StatusPublished

Cited by4 cases

This text of 736 So. 2d 1107 (MILLER AND MILLER CONST. CO. v. Madewell) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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MILLER AND MILLER CONST. CO. v. Madewell, 736 So. 2d 1107, 1999 Ala. Civ. App. LEXIS 328, 1999 WL 305033 (Ala. Ct. App. 1999).

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Opinion

The prior judgment of this court has been reversed by the Supreme Court of Alabama and the case remanded. See Ex parteMiller Miller Construction Co., [Ms. 1971933, March 19, 1999]736 So.2d 1104 (Ala. 1999). The judgment of the circuit court is reversed and the case is remanded for further proceedings consistent with the Supreme Court's opinion. The trial court is instructed to conduct a hearing to determine, using equitable principles applicable to subrogation rights, which part of Madewell's settlement is attributable to medical expenses. The trial court is further instructed to enter an order allowing Miller to be subrogated to that portion of Madewell's third-party recovery that is attributable to the future medical expenses Miller would be legally required to pay.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

Robertson, P.J., and Monroe, Crawley, and Thompson, JJ., concur.

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The prior judgment of this court has been reversed by the Supreme Court of Alabama and the case remanded. See Ex parteMiller Miller Construction Co., [Ms. 1971933, March 19, 1999]736 So.2d 1104 (Ala. 1999). The judgment of the circuit court is reversed and the case is remanded for further proceedings consistent with the Supreme Court's opinion. The trial court is instructed to conduct a hearing to determine, using equitable principles applicable to subrogation rights, which part of Madewell's settlement is attributable to medical expenses. The trial court is further instructed to enter an order allowing Miller to be subrogated to that portion of Madewell's third-party recovery that is attributable to the future medical expenses Miller would be legally required to pay.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

Robertson, P.J., and Monroe, Crawley, and Thompson, JJ., concur.

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Bluebook (online)

736 So. 2d 1107, 1999 Ala. Civ. App. LEXIS 328, 1999 WL 305033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-and-miller-const-co-v-madewell-alacivapp-1999.

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