Waters v. Hipp

The plaintiffs appeal from a summary judgment in favor of the defendants, Dr. Steven Hipp and Dr. Michael J. Rosner.

The plaintiffs, Johnny and Joseph Waters, filed a wrongful death action against the defendants on April 1, 1991, based on the death of Jeanne Carol Waters on April 2, 1989. The suit was filed in the names of the husband and child of the adult deceased instead of in the name of an executor or administrator of the estate of the deceased. No proceedings had been filed in the probate court for the appointment of an executor or an administrator. See § 6-5-410, Ala. Code 1975.

A…