Legal Opinion · Dissent

Alvarado v. Estate of Kidd

Supreme Court of Alabama

Decided January 29, 2016No. 1140706 and 1140752Published

1DissentMurdock, Justice

Consistent with the view I have expressed in previous cases, see Wood v. Wayman, 47 So.3d 1212, 1220 (Ala.2010) (Murdock, J., dissenting), and Richards v. Baptist Health System, Inc., 176 So.3d 179, 179 (Ala.2014) (Murdock, J., dissenting), I believe this Court should return to the holding in Ogle v. Gordon, 706 So.2d 707 (Ala.1997), and to a straightforward, simple rule that the subsequent appointment of a person as the personal representative relates back so as to validate a timely filing of a wrongful-death action by that person. This Court held otherwise in Wood, embracing a rule that can…

2Cases cited29 opinions

  1. Scarborough v. Atlantic Coast Line R. CoCourt of Appeals for the Fourth Circuit · 1949
  2. COLUMBIA ENGINEERING INTERN., LTD. v. EspeySupreme Court of Alabama · 1983
  3. Douglas v. Daniels Bros. Coal Co.Ohio Supreme Court · 1939
  4. Griffin v. WorkmanSupreme Court of Florida · 1954
  5. Cofer v. EnsorSupreme Court of Alabama · 1985

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