MacK v. Carmack, 1091040 (Ala. 9-9-2011)

April Mack (“Mack”), the mother of Baby Mack,1 appeals from a summary judgment entered by the Jefferson Circuit Court in her action against Thomas Car-mack and Matthew Taul for the wrongful death of her unborn child, known in this litigation as “Baby Mack.” We reverse and remand.

I. Facts and Procedural Histoi"y

On September 13, 2007, Mack was 12 weeks pregnant. On that date, Mack and her fiancé Reginald Thomas, the father of Baby Mack, needed to go to the grocery store, but they were without transportation. Mack contacted Thomas Carmack and asked him to take her and Thomas to the grocery…