Rodgers v. McElroy

I concur in the main opinion and the result reached therein, given the facts involved in this proceeding and the posture in which the appeal comes before this Court. However, as a former probate judge and for the possible benefit of the bench and bar in like matters, I write specially to propose a potentially alternative method of providing personal-representative compensation for successfully prosecuting wrongful-death actions separate and apart from the estate duties of the personal representative.

As the main opinion reflects, §§ 6-5-410 and 43-2-848(a) and (b), Ala.Code 1975, taken in…