Bailey v. Liberty Mutual Insurance Co.

I agree that our holding in this case is controlled by Garig v. East End Memorial Hospital, 279 Ala. 118, 182 So.2d 852 (1966). For an in depth-discussion of the Garig principle and its application, see Holcomb v. Escambia County Hospital Board, 291 Ala. 114, 278 So.2d 699 (1973) (dissent on another point by Faulkner and Jones, JJ., 291 Ala. at 122,123, 278 So.2d at 706-707). Garig is clear to the point that an alleged breach of an implied contract to exercise reasonable care is but an allegation of the breach of an obligation imposed by law — an action ex delicto. This does not mean that no…