Gaylard v. Homemakers of Montgomery, Inc.
Alabama Supreme Court
675 So. 2d 363 (Ala. 1996)
Alice Gaylard (plaintiff) hired Homemakers of Montgomery, Inc. d/b/a Oxford Health Care (Oxford) (defendant) to provide in-home health services to its clients. Gaylard claims that she was injured when an Oxford employee named Dorothy Taylor gave her a bath on December 16, 1992. Gaylard asserted that the burns she sustained caused her injuries requiring hospitalization, as well as pain and emotional distress. Gaylard’s attorney, Richard C. Dean, Jr., contacted Taylor about the incident. Dean did not tell Taylor that he was recording the conversation. At first, Taylor declined to answer any questions and directed Dean to contact Oxford and speak to her supervisor, but Dean continued questioning until Taylor gave Dean a significant amount of information relating to the situation. Taylor did not indicate that she or Oxford were represented by an attorney in the matter. Gaylard then sued Oxford for negligence, wantonness, and breach of contract. At trial, Dean attempted to introduce the recording of his conversation with Taylor as evidence of a prior-inconsistent statement on cross-examination. The circuit court granted Oxford’s motion in limine and refused to admit the statement on the ground that Dean had obtained the recording in violation of Rule 4.2 of the Alabama Rule of Professional Conduct (ARPC). The jury returned a verdict in favor of Oxford, and Gaylard appealed to the Alabama Supreme Court.
Rule of Law
Holding and Reasoning (Almon, J.)
Dissent (Hooper, C.J.)
Dissent (Houston, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.