Vincent v. F. Hood Craddock Memorial Clinic

ADAMS, Justice.

Larry and Bennie Gail Vincent appeal from a summary judgment of the Circuit Court of Talladega County in favor of F. Hood Craddock Memorial Clinic (hereinafter “the Clinic”), appellee.

The Vincents raise the following issue on appeal:

Does the four-year limitation of the Alabama Medical Liability Act, Code 1975, § 6-5-482, bar a compulsory counterclaim for wrongful death brought outside the four-year limit, thereby preventing the same from relating back pursuant to Code 1975, § 6-8-84? 1

The Clinic argues that we cannot reach this issue because of the Clinic’s abandonment of its…