Bunting Plastic Surgery Clinic, P.C. v. Tucker

THIGPEN, Judge.

This case involves the application of our Supreme Court’s decision in Emanuel v. McGriff, 596 So.2d 578 (Ala.1992), which held the common law doctrine of necessaries to be unconstitutional.

In August 1989, the Aesthetic and Plastic Surgery Clinic sued Emmett E. Tucker, Jr., and his wife, Donna K. Tucker, for medical expenses incurred in 1988 in treating Mrs. Tucker. In January 1990, the Aesthetic and Plastic Surgery Clinic filed an amended complaint to reflect its name change to Bunting Plastic Surgery Clinic, P.C. (Bunting).

Bunting then filed a motion for summary judgment,…