American Legion Post No. 57 v. Leahey – Case Brief Summary (Alabama)

In American Legion Post No. 57 v. Leahey, 681 So. 2d 1337 (Ala. 1996) a divided court struck down § 12-21-45, a statutory companion to § 6-5-545. The majority opinion summarized its dissatisfaction with § 12-21-45:

"Thus, these three points--the apparent attempt to change the law of evidence without expressing the effect on the law of damages, the prejudicial effect on the subrogation rights of a plaintiff's insurer, and the admission into evidence of the fact that the plaintiff is insured without a concomitant admission of evidence that the defendant is insured--present serious problems to the constitutionality of the statute." (681 So. 2d at 1346.)