Legal Opinion

Prior v. Cancer Surgery of Mobile, PC

Supreme Court of Alabama

Decided November 17, 2006No. 1050679PublishedCited by 9 opinions

1Opinion of the Court

Deborah Ann Prior appeals from an order dismissing her second amended complaint in a medical-malpractice case. Because we hold that her second amended complaint does not relate back to her original complaint, as amended, and was thus barred by the applicable statute of limitations, we affirm.

Facts and Procedural History

In August 1999, Stephen Albert Prior sought medical treatment from Cancer Surgery of Mobile, P.C. ("Cancer Surgery"), for gastric cancer. On August 16, 1999, he underwent a gastrectomy, an esophagojejunostomy, and a lymphnode dissection. Eight days later, he underwent a second…

2Cases cited14 opinions

  1. Rector v. Better Houses, Inc.Supreme Court of Alabama · 2001
  2. Callens v. Jefferson County Nursing HomeSupreme Court of Alabama · 2000
  3. Puckett, Taul & Underwood, Inc. v. Schreiber Corp., Inc.Supreme Court of Alabama · 1989
  4. National Dist. & Chem. v. American Laubscher Corp.Supreme Court of Alabama · 1976
  5. Taylor v. StevensonSupreme Court of Alabama · 2001

9 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Weber v. FreemanSupreme Court of Alabama · 2008
  2. Zak v. City of Arab (Ex parte Profit Boost Mktg., Inc.)Supreme Court of Alabama · 2017
  3. Swann v. Regions BankCourt of Civil Appeals of Alabama · 2008
  4. McGathey v. Brookwood Health Services, Inc.Supreme Court of Alabama · 2013
  5. Nettles v. WhiteCourt of Civil Appeals of Alabama · 2008

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API