Legal Opinion · Dissent
Northstar Anesthesia of Alabama, LLC v. Noble
Supreme Court of Alabama
Decided July 8, 2016No. 1141158, 1141166, and 1141168Published
1DissentBryan, Justice
I agree that, under our current precedent, a wrongful-death action commenced by someone other than the personal representative is a nullity. However, I believe that precedent is out of line with the modern trend and should be overruled. The plaintiff, Paula B. Noble (“Paula”), has placed this issue squarely before us by asking us to overrule that precedent. I believe her request is well taken.
Alabama has a “nullity rule,” i.e., a wrongful-death action commenced by someone other than the personal representative is a nullity. See Ex parte Hubbard Props., Inc., 205 So.3d 1211 (Ala.2016); Wood v.…
2Cases cited38 opinions
- Wilson v. GarciaSupreme Court of the United States · 1985
- Jimmy P. Davis, as of the Estate of Dallas D. Hardy, Jr., Deceased v. Piper Aircraft CorporationCourt of Appeals for the Fourth Circuit · 1980
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Ruth Crowder, Mother and Next Friend of Walter Paul Crowder and David Douglas Crowder, Minors v. Gordons Transports, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1967
- Esposito v. United StatesCourt of Appeals for the Tenth Circuit · 2004
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